Section 217.   Prosecution for offences against State and for criminal conspiracy to commit such offence.

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(1) No Court shall take cognizance of—
(a) any offence punishable under Chapter VI or under section 194, section 297
or sub-section (1) of section 351 of the Bharatiya Nyaya Sanhita, 2023; or
(b) a criminal conspiracy to commit such offence; or
(c) any such abetment, as is described in section 47 of the Bharatiya Nyaya
Sanhita, 2023,
except with the previous sanction of the Central Government or of the State Government.
(2) No Court shall take cognizance of—
(a) any offence punishable under section 195 or sub-section (2) or
sub-section (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023; 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.
(3) No Court shall take cognizance of the offence of any criminal conspiracy punishable
under section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to
commit an offence punishable with death, imprisonment for life or rigorous imprisonment
for a term of two years or upwards, unless the State Government or the District Magistrate
has consented in writing to the initiation of the proceedings:
Provided that where the criminal conspiracy is one to which the provisions of
section 215 apply, no such consent shall be necessary.
(4) The Central Government or the State Government may, before according sanction
under sub-section (1) or sub-section (2) and the District Magistrate may, before according
sanction under sub-section (2) and the State Government or the District Magistrate may,
before giving consent under sub-section (3), order a preliminary investigation by a police
officer not being below the rank of Inspector, in which case such police officer shall have
the powers referred to in sub-section (3) of section 174.

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