(1) When any person who is or was a Judge or Magistrate or a public servant not
removable from his office save by or with the sanction of the Government is accused of any
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 save as otherwise provided in the Lokpal and Lokayuktas Act, 2013—
(a) in the case of a person who is employed or, as the case may be, was at the
time of commission of the alleged offence employed, in connection with the affairs of
the Union, of the Central Government;
(b) in the case of a person who is employed or, as the case may be, was at the
time of commission of the alleged offence employed, in connection with the affairs of
a State, of the State Government:
Provided that where the alleged offence was committed by a person referred to in
clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the
Constitution was in force in a State, clause (b) will apply as if for the expression “State
Government” occurring therein, the expression “Central Government” were substituted:
Provided further that such Government shall take a decision within a period of one
hundred and twenty days from the date of the receipt of the request for sanction and in case
it fails to do so, the sanction shall be deemed to have been accorded by such Government:
Provided also no sanction shall be required in case of a public servant accused of any
offence alleged to have been committed under section 197, section 198, section 63,
section 66, section 68, section 70, section 73, section 74, section 75, section 76, section 77,
section 141, or section 351 of the Bharatiya Nyaya Sanhita, 2023.
(2) No Court shall take cognizance of any offence alleged to have been committed by
any member of the Armed Forces of the Union while acting or purporting to act in the
discharge of his official duty, except with the previous sanction of the Central Government.
(3) The State Government may, by notification, direct that the provisions of
sub-section (2) shall apply to such class or category of the members of the Forces charged
with the maintenance of public order as may be specified therein, wherever they may be
serving, and thereupon the provisions of that sub-section will apply as if for the expression
“Central Government” occurring therein, the expression “State Government” were
substituted.
(4) Notwithstanding anything contained in sub-section (3), no Court shall take
cognizance of any offence, alleged to have been committed by any member of the Forces
charged with the maintenance of public order in a State while acting or purporting to act in
the discharge of his official duty during the period while a Proclamation issued under
clause (1) of article 356 of the Constitution was in force therein, except with the previous
sanction of the Central Government.
(5) The Central Government or the State Government, may determine the person by
whom, the manner in which, and the offence or offences for which, the prosecution of such
Judge, Magistrate or public servant is to be conducted, and may specify the Court before
which the trial is to be held.
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