129.
Proceedings before wrong court not to be invalid.
No proceedings before any Court nor any order passed nor judgement delivered therein
shall be invalid by reason of the fact that according to the rules contained in this chapter
such proceedings ought to have been taken before some other Court.
CHAPTER XIV
SANCTIONS NECESSARY FOR THE INITIATION
OF CERTAIN PROCEEDINGS
130.
Prosecution for Contempt of Lawful Authority of Public Servants.
(1) No Magistrate or Court shall take cognizance:
(a) of any offence punishable under sections 148 to 163 (inclusive) of the Penal Code
2003, except with the previous sanction or on the complaint of the public servant
concerned or of some public servant to whom he is subordinate;
(b) of any offence punishable under sections 166, 169, 170, 171, 172, 175, 176, 177,
185, 186, 187, 190, 191 or 192 A of the same Code, when such offence is committed
in or in relation to any proceedings in any Court, except with the previous sanction
or on the complaint of such Court or of the President of the Court or of the County
Judge or of any Court to which such Court is subordinate ;
(c) of any offence described in section 405 or punishable under sections 410 or 413 of
the same Code, when such offence has been committed by a party to any proceedings
in any Court in respect of a document produced or given in evidence in such
proceedings, except with the previous sanction or on the complaint of such Court or
of the President of the Court or of the County Judge or of any Court to which such
Court is subordinate ;
(d) of any offence punishable under section 284A of the Penal Code, 2003 or of failing
to give information of such an offence except with the previous sanction of the
SPLM County Secretary.
(2) In clauses (b) and (c) of sub-section (1) the term “Court” includes every Civil, Criminal
or Customary Law Court.
(3) The provisions of sub-section (1), with reference to the offences named therein, apply
also to the abetment of such offences and attempts to commit them.
(4) The sanction referred to in this section may be expressed in general terms and need not
name the accused person; but it shall so far as practicable specify the place where and the
occasion on which the offence was committed.
(5) When sanction is given in respect of any offence referred to in this section, the Magistrate
or Court taking cognizance of the case may frame a charge of any other offence which is
disclosed by the facts.
(6) Any sanction given or refused under this section may be revoked or granted by any
authority to which the authority giving or refusing it is subordinate.
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