CrPC Section 196
CrPC Section 196 – Prosecution for offences against certain public servants
Text of Section 196 (Simplified):
No Court shall take cognizance of any offence alleged to have been committed against the President, the Vice-President, Governors, Judges, and certain other public servants except with previous sanction of the appropriate authority.
Explanation:
This section protects certain high-ranking officials by requiring prior permission (sanction) before any prosecution or legal proceedings can begin against them.
The purpose is to prevent frivolous or vexatious litigation that might disrupt the functioning of important constitutional authorities.
The sanction must be obtained from the Central Government or State Government depending on the public servant’s position.
Without this sanction, Courts cannot entertain complaints or initiate trials.
Who does this apply to?
The President of India
The Vice-President of India
Governors of States
Judges of the Supreme Court and High Courts
Other specified public servants
Key Points:
| Aspect | Explanation |
|---|---|
| Requirement | Previous sanction before prosecution |
| Purpose | Protect high constitutional/public officials |
| Authority to grant sanction | Central or State Government |
| Effect of no sanction | No cognizance by Court |
Example:
If someone wants to file a criminal complaint against a Governor, they must first obtain permission from the State Government before the court can take up the case.
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