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CALCUTTA HIGH COURT
Dinesh Kumar Sharma, J
Dr. Vidyawati Agarwal – Appellant
Versus
The State of West Bengal – Respondent
| Table of Content |
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| 1. importance of prior sanction for cognizance under relevant ipc sections. (Para 3 , 4) |
| 2. taking cognizance without required sanction is void. (Para 5) |
―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), othe
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