Legal Question in Criminal Law in India
Can a Private complaint filed against the Union cabinet minister be forwarded U/S156(3) CrPC without prior sanction U/S 196 &197 Crpc for the alleged offences U/S 153A, 306,505
Asked on 6/04/11, 7:58 pm
2 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
prior sanction is required in any prosecution of offence. the magistrate will refuse to take cognizance of the alleged offence in the absence of prior sanction.
Answered on 6/04/11, 9:40 pm
Shrichand Nahar
S.V.Nahar, Advocate
Section 197 Cr.P.C. require prior sanction for taking cognisance of an offence against public servant for the acts or omissions amounting to an offence in purported discharge of his/her official duties.
An order U/s.156(3) Cr.P.C. is contemplated before taking cognisance of an offence.
Therefore, a complaint can be forwarded for investigation U/s.156(3).
Answered on 6/04/11, 10:54 pm
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