Description

1. Prior Sanction for Judges, Magistrates, and Public Servants

No Court shall take cognizance of any offence alleged to have been committed by:

(a) A Judge, Magistrate, or a public servant who cannot be removed from office without the sanction of the Government,
(b) If the offence was committed while acting or purporting to act in the discharge of official duty,

Except with the previous sanction of:

• The Central Government, if the person was employed in connection with the affairs of the Union.
• The State Government, if the person was employed in connection with the affairs of a State.

Exception:

• If the alleged offence was committed by a person covered under clause (b) during a period when Article 356 (President's Rule) was in force in a State, the sanction must come from the Central Government instead of the State Government.

Explanation:

• No sanction is required if the public servant is accused under Sections 166A, 166B, 354, 354A, 354B, 354C, 354D, 370, 375, 376, 376A, 376C, 376D, or 509 of the Indian Penal Code (IPC).

2. Prior Sanction for Armed Forces Personnel

• No Court shall take cognizance of any offence alleged to have been committed by a member of the Armed Forces of the Union while acting or purporting to act in the discharge of official duty,
  Except with the previous sanction of the Central Government.

• The State Government may, by notification, extend these provisions to any class or category of personnel in the Forces responsible for maintaining public order.

• If such an extension is made, sanction must come from the State Government instead of the Central Government.

3. Special Provisions During President’s Rule (Article 356)

(3A) If any member of the Forces responsible for maintaining public order in a State allegedly committed an offence while acting in the discharge of official duty during President’s Rule (Article 356),
Cognizance can only be taken with the prior sanction of the Central Government.

(3B) Any sanction granted by the State Government or cognizance taken by a Court based on such sanction between August 20, 1991, and the date before the enactment of the Code of Criminal Procedure (Amendment) Act, 1991
Shall be considered invalid. In such cases, the Central Government has the exclusive authority to grant sanction and for the Court to take cognizance.

4. Determination of Prosecution and Trial Process

• The Central Government or the State Government, as applicable,
  Will determine:
  • The person responsible for prosecution,
  • The manner in which prosecution will be conducted,
  • The offence(s) for which prosecution will proceed,
  • The Court before which the trial will be held.