Section 196 CrPC: Prosecution for offences against the State and for criminal conspiracy to commit such offence

Code of Criminal Procedure, 1973

Section 196 CrPC at a Glance

Section 196 CrPC deals with prosecution for offences against the State and for criminal conspiracy to commit such offence. From 1 July 2024 it is replaced by Section 217 BNSS.

Now BNSS

Section 217 →

What Section 196 CrPC Says

196. Prosecution for offences against the State and for criminal conspiracy to commit such offence

(1) No Court shall take cognizance of—

(a) any offence punishable under Chapter VI or under section 153A, section 295A or sub-section (1) of section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, or (c) any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government.

(1A) No Court shall take cognizance of—

(a) any offence punishable under section 153B or sub-section (2) or sub-section (3) of section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.

(2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary.

(3) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (1A) and the District Magistrate may, before according sanction under sub-section (1A) and the State Government or the District Magistrate may, before giving consent under sub-section (2), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 155.

Source: Section 196, Code of Criminal Procedure, 1973

Section 196 CrPC in Simple Words

Section 196 of the Code of Criminal Procedure, 1973 reads that no Court shall take cognizance of certain offences under the Indian Penal Code, of a criminal conspiracy to commit such an offence, or of a described abetment, except with the previous sanction of the Central Government or of the State Government. Section 196(1A) CrPC adds the District Magistrate for some other offences.

Section 196(2) CrPC reads that a criminal conspiracy punishable under Section 120B IPC needs the consent in writing of the State Government or the District Magistrate, unless it is a conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards. Section 196(3) CrPC reads that a preliminary investigation by a police officer not being below the rank of Inspector may be ordered.

When Section 196 CrPC Applies

  • No Court shall take cognizance of an offence punishable under Chapter VI of the Indian Penal Code, Section 153A IPC, Section 295A IPC or Section 505(1) IPC, of a criminal conspiracy to commit such an offence, or of an abetment described in Section 108A IPC, except with the previous sanction of the Central Government or of the State Government.
  • No Court shall take cognizance of an offence punishable under Section 153B IPC, Section 505(2) IPC or Section 505(3) IPC, or of a criminal conspiracy to commit such an offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.
  • No Court shall take cognizance of a criminal conspiracy punishable under Section 120B IPC, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings.
  • Under Section 196(3) CrPC, the Central Government, the State Government or the District Magistrate named there may, before according sanction or giving consent, order a preliminary investigation by a police officer not being below the rank of Inspector.

Example of Section 196 CrPC

Ramesh files a complaint against Suresh for an offence punishable under Section 153A IPC. The Central Government and the State Government have not given previous sanction. Under Section 196(1) CrPC, the Court shall not take cognizance of the offence. Before according sanction, the State Government may order a preliminary investigation by a police officer not being below the rank of Inspector, who shall have the powers referred to in Section 155(3) CrPC.

When Section 196 CrPC Does Not Apply

Section 196 CrPC Under BNSS 217: What Changed

Section 196 CrPC is now covered under Section 217 BNSS.

Section 196 of the Code of Criminal Procedure, 1973 is found in Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 196(1) CrPC is Section 217(1) BNSS, Section 196(1A) CrPC is Section 217(2) BNSS, Section 196(2) CrPC is Section 217(3) BNSS and Section 196(3) CrPC is Section 217(4) BNSS. Section 217 BNSS cites the Bharatiya Nyaya Sanhita, 2023 where Section 196 CrPC cited the Indian Penal Code. Section 217(3) BNSS cites Section 215 BNSS where Section 196(2) CrPC cited Section 195 CrPC, and Section 217(4) BNSS cites Section 174(3) BNSS where Section 196(3) CrPC cited Section 155(3) CrPC.

View detailed comparison (CrPC 196 vs BNSS 217) →

FAQs on Section 196 CrPC

Whose previous sanction does Section 196 CrPC require?▼

Section 196(1) of the Code of Criminal Procedure, 1973 requires the previous sanction of the Central Government or of the State Government. Section 196(1A) CrPC requires the previous sanction of the Central Government or of the State Government or of the District Magistrate.

When does Section 196(2) CrPC need consent in writing?▼

Section 196(2) of the Code of Criminal Procedure, 1973 reads that no Court shall take cognizance of a criminal conspiracy punishable under Section 120B IPC, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing. The proviso reads that no such consent is necessary where Section 195 CrPC applies.

Can a preliminary investigation be ordered under Section 196 CrPC?▼

Yes. Section 196(3) of the Code of Criminal Procedure, 1973 reads that the Central Government, the State Government or the District Magistrate, as named there, may order a preliminary investigation by a police officer not being below the rank of Inspector. Such police officer shall have the powers referred to in Section 155(3) CrPC.

Where is Section 196 CrPC found in the BNSS from 1 July 2024?▼

Section 196(1) CrPC is found in Section 217(1) BNSS. Section 196(1A) CrPC is found in Section 217(2) BNSS. Section 196(2) CrPC is found in Section 217(3) BNSS. Section 196(3) CrPC is found in Section 217(4) BNSS. Section 217(1) BNSS, Section 217(2) BNSS, Section 217(3) BNSS and Section 217(4) BNSS cite the Bharatiya Nyaya Sanhita, 2023 where Section 196 CrPC cited the Indian Penal Code.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·