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196A. Prosecution for certain classes of criminal conspiracy

2 judgments cite this provision SC

196-A. Prosecution for certain classes of criminal conspiracy. - No Court shall take cognizance of the offence of criminal conspiracy punishable under Section 120-B of the Indian Penal Code.

(1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of Section 196 apply, unless upon complaint made by order or under authority from [the [State] Government or some officer em-powered by the [State] Government] in this behalf, or

(2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence not punishable with death, [imprisonment for life] or rigorous imprisonment for a term of two years or upwards, unless the [State Government ], or a Chief Presidency Magistrate or District Magistrate empowred in this behalf by the [State Government], has, by order in writing, consented to the initiation of the proceedings :

Provided that where the criminal conspiracy is one to which the provisions of sub-section

[(4)] of Section 195 apply no such consent shall be necessary.]