Criminal Procedure Code 2010 · 2020 Revised Edition · Part 2 · Criminal Jurisdiction of State Courts
10. Consent required for prosecution of certain offences
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an offence under section 172 to 188, 193 to 196, 199, 200, 205 to 211, 228, 376C, 376G or 505 of the Penal Code 1871;
an offence under Chapter 5A, 6 (except section 127) or 18 of the Penal Code 1871;
an offence under Chapter 21 of the Penal Code 1871; or
an abetment of, or an attempt to commit, any offence mentioned in paragraphs (a), (b) and (c),must not be instituted except with the consent of the Public Prosecutor.
A person may be charged or arrested, or a warrant for the person’s arrest may be issued and executed, and any such person may be remanded in custody or released on bail, even though the consent of the Public Prosecutor has not been obtained, but the case must not be further prosecuted until that consent has been obtained.
When a person is brought before a court before the Public Prosecutor has consented to the prosecution, the charge must be explained to the person but the person must not be called upon to plead.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
The consent of the Public Prosecutor —
need not refer to a particular offence but may be expressed in general terms; and
must as far as practicable specify the place in which and the occasion on which the offence was committed.
No consent remains in force unless acted upon within one month from the date on which it was given.
Subsections (2) to (5) also apply in respect of every consent of the Public Prosecutor which is required to be obtained under any other written law before proceedings in respect of an offence may be instituted.