When any person, who is a Judge or Magistrate or a Public Servant and who can never be removed without prior sanctions of the Union Government or the State Government. And, who is accused of any Offence, alleged to have committed while discharging his official duty, no Court shall take Cognizance of such Offence unless a prior sanction is accorded by the State or the Centre to that effect.

The person who alleged to have commissioned such offence and while committing such Offence whether he was employed in the services of the Union Government or the State Government provided a Proclamation issued under Article 356[1] of the Constitution was in force in such State, then the concerned State Government has right to give sanction.

Otherwise no prior approval is required in certain Offences, wherein the Public Servant is an Accused, allegedly committed under Sections 166A, 166B, 354, 354A, 354B, 354C, 354D, 370, 376A, 376C, 376D or Section 509 of IPC. 

No Court shall take Cognizance of any Offences allegedly committed by the Armed Force personnel while discharging his official responsibility in maintenance of public order except with the prior approval of the Central Government.

The word “State” relate to “Central” and vice versa in this case. The exception with respect to prosecution granted to class or classes of Armed Personnel while maintaining the public order in such place is notified by the State through a notification.

Otherwise no Court shall take Cognizance of Offence, as alleged to have been committed by the Armed Force personnel while maintaining the public order in the State where Article 356 is imposed, without the previous sanction of the Union Government.

The Union Government or the State Government may determine the person by whom and the manner in which the prosecution against the accused Judge or Magistrate or any other Public Servant be conducted and accordingly inform the Court where the trial is to be held.