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Is charged for promoting enmity between two groups on the grounds of language. Whose previous sanction is required before a Court takes cognizance of
Question

Is charged for promoting enmity between two groups on the grounds of language. Whose previous sanction is required before a Court takes cognizance of this offence under Cr.P.C.?

A.

District Magistrate

B.

High Court

C.

Central Government or State Government

D.

None of the above

Correct option is C


Under Section 196 of the Criminal Procedure Code (Cr.P.C.), no court shall take cognizance of any offence under Section 153A of the Indian Penal Code, which deals with promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., without the previous sanction of the Central Government or the State Government. This provision ensures that such sensitive cases are pursued with the necessary governmental oversight to prevent misuse or unnecessary prosecution. Thus, the correct answer is (c) Central Government or State Government.
Information Booster: Section 153A of the Indian Penal Code (IPC) criminalizes any act that promotes enmity between different groups on grounds such as religion, race, language, etc. Section 196 Cr.P.C. requires that before a court can take cognizance of such an offence, the previous sanction of the Central Government or State Government is mandatory. This ensures that the prosecution of such cases is handled with caution.
Additional Knowledge: The other options do not apply here:
· District Magistrate (a) does not have the authority to grant sanction under Section 196 Cr.P.C.
· High Court (b) is a judicial body and does not have the executive power to grant such sanctions.
· None of the above (d) is incorrect because the sanction is indeed required.

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