Previous sanction necessary for prosecution

Previous sanction necessary for prosecution.-- No court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 or section 167-A of the State Ranbir Penal Code, Samvat 1989 or under sub-section (2) or sub-section (3) of section 5 of this Act, alleged to have been committed by a public servant, except with the previous sanction,-

1. (a) in the case of a person who is employed in connection with the affairs of the State and is not removable from his office save by or with the sanction of the Government, of the Government;
2. (b) in the case of any other person, of the authority competent to remove him from his office: Explanation.-- Where for any reason whatsoever any doubt arises whether the previous sanction as required under sub-section (1) should be given by the Government or any other authority, such sanction shall be given by the Government or by such authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed;
3. (c) in the case of a person who is or has been a member of the Council of Ministers other than the Chief Minister, on the advice of the Chief Minister or the Governor on the advice of the Chief Minister:
4. (e) in the case of a person who is or has been a member of either House of the State Legislature, of the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be.