[(5) Where a complaint has been made under subsection (1), clause (a), by a public servant, any
authority to which such Public servant is subordinate may order the withdrawal of the complaint and, if it
does so, it shall forward a copy of such order to the Court and, upon receipt thereof by the Court, no further
proceedings shall be taken on the complaint.]
1
[196. Prosecution for offences against the State. No Court shall take cognizance of any offence
punishable under Chapter VI 3[or IXA] of the Pakistan Penal Code (XLV of 1860) (except section 127), or
punishable under section 108A, or section 153A, or section 294A, 4[or section 295A] or section 505 of the
same Code, unless upon complaint made by order of, or under authority from, 5[the 6[Federal Government],
or the Provincial Government concerned, or some officer empowered in this behalf by either of the two
Governments.]
2
[196A. Prosecution for certain classes of criminal conspiracy. No Court shall take cognizance of the
offence of criminal conspiracy punishable under section 120B of the Pakistan Penal Code, (XLV of 1860).
7
(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 5[the 6[Federal Government], or the Provincial
Government concerned, or some officer empowered in this behalf by either of the two Governments], or
(2) in a case where the object of the conspiracy is to commit any noncognizable offence, or a
cognizable offence not punishable with death, 8[imprisonment for life] or rigorous imprisonment for a term
of two years or upwards, unless the 9[Provincial Government], or a 10* * * 11[Officerincharge of the
prosecution in the district] empowered in this behalf by the 9[Provincial 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 subsection 12[(4)] of
section 195 apply no such consent shall be necessary.]
[196B. Preliminary inquiry in certain cases. In the case of any offence in respect of which the
provisions of section 196 or section 196A apply, 11[officerincharge of the investigation in the district] * *
* may, notwithstanding anything contained in those sections or in any other part of this Code, order a
preliminary investigation by a policeofficer not being below the rank of Inspector, in which case such
policeofficer shall have the powers referred to in section 155, subsection (3).]
13
14
1 The original subsections (4), (5) and (6) were rep. and the new subsection (5) was ins. by Act 18 of 1923, s. 47.
2 This section has been amended in Sind by the Code of Criminal Procedure (Sind Amdt.) Act, 1947 (Sind Act 43 of 1947), and in the N.W.F.P by the Criminal Procedure (Election Offences) (N.W.F.P.
Amdt.) Act, 1938 (N.W.F.P. Act 8 of 1938).
In the Punjab this section has been amnended by the Punjab Criminal Procedure (Election Offences Amdt.) Act, 1936 (Punjab I of 1936).
3 Ins. by the Indian Elections Offences and Inquiries Act, 1920 (39 of 1920), s.3.
4 Ins. by the Criminal Law Amendment Act, 1927 (25 of 1927), s. 3.
5 The original words “the G.G. in C., the L.G., or some officer empowered by the G.G. in C. in this behalf" have successively been amended by A.O., 1937 and the Code of Criminal Procedure (Amdt.)
Ordinance, 1960 (48 of 1960), ss. 2 and 3, respectively, to read as above.
6 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
7 S. 196A was ins. by the Criminal Law Amendment Act, 1913 (8 of 1913) s. 5.
8 Subs. by the Criminal Procedure (Amdt.) Act, 1974 (25 of 1974), s.2 and Sch., for “transportation” (w.e.f 13472).
9 Subs. by A.O., 1937, for “L.G.”.
10 The words “Chief Presidency Magistrate or” omitted by A.O., 1949, Sch.
11 Subs. by Ord . 37 of 2001, ss. 5758 (w.e.f. 14082001).
12 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.48, for “(3)”.
13 S. 196B was ins. ibid., s.49.
14 The words “or Chief Presidency Magistrate” omitted by A.O., 1949, Sch.
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