THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 415
In cases coming under (c) (No Court shall take cognizance)* except on the complaint in writing of such Court or of some other Court to which such Court is subordinate.
Section 196.Prosecution for offences against the State.
Unless upon complaint made by order of, or under authority from, the Governor General in Council, the Local Government, or some officer empowered by the Governor General in Council in this behalf.
Section 196-A
Prosecution for certain classes of Criminal Conspiracy falling under Section 120-B of the I. P. C.
If they fall under sub-Section (I) then :
Complaint must be under order of, or under the authority from, the Governor General in Council, the Local Government or some officer empowered by the Governor General in Council in this behalf.
If they fall under sub-section (2), the Chief Presidency Magistrate or D. M. has by order in writing, consented to the initiation of the proceedings.
Section 197
Prosecution of Judges, Magistrates and public servants for an offence alleged to have been committed by him, while acting or purporting to act, in the discharge of his official duty.
No Court shall take cognizance of such offence except with the previous sanction of the Local Government.
(2) Such Local Government may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such Judges, etc ... is to be conducted, and may specify the Court before which the trial is to be held.
Section 198
Prosecution for breach of contract or defamation, or offences against marriage. No cognizance except upon a complaint made by some person aggrieved by such offence. Proviso : in certain cases some other person may with the leave of the Court, make a complaint on his or her behalf.
- Inserted—ed.