OFFENCES AND PENALTIESCentral

Section 94 of The Rights of Persons with Disabilities Act, 2016.

No Court shall take cognizance of an offence alleged to have been committed by an employee of the appropriate Government under this Chapter, except with the previous sanction of the appropriate Government or a complaint is filed by an officer authorised by it in this behalf.

Summary

This rule prevents courts from hearing cases against government workers for crimes under this specific part of the law without permission.
This permission is called a previous sanction and must come from the relevant central or state government.
Alternatively, an officer who has been officially given the power by the government can file a complaint to start the case.
The rule specifically applies to offenses listed in the Chapter of the law dealing with punishments and penalties.

Practical examples

1Arjun is a government clerk accused of failing to provide information as required by the law on June 15, 2024. A court cannot start his trial until the state government gives its formal approval through a sanction.

2An authorized inspector named Meera files a direct complaint against a colleague for an offense under the Act. Because she is a government-authorized officer, the court can proceed with the case immediately without needing a separate sanction.

FAQ

1. Does a court need permission to try a government employee under Section 94 of The Rights of Persons with Disabilities Act, 2016?

Yes, under Section 94 of the Rights of Persons with Disabilities Act, 2016, a court cannot take notice of an offense by a government employee unless it has the previous sanction of the government or a complaint from an authorized officer.

2. Who can provide the sanction required by Section 94 of the 2016 Disabilities Act?

The appropriate Government, which could be the Central or State government depending on where the employee works, must provide the previous sanction under Section 94 of the Rights of Persons with Disabilities Act, 2016.

3. Can a regular citizen file a complaint against a government worker that a court will hear under Section 94 of the 2016 Disabilities Act?

A court will generally only hear the case if there is a previous sanction or if the complaint is filed by an officer authorized by the government according to Section 94 of the Rights of Persons with Disabilities Act, 2016.

Test yourself

Q1.Under Section 94 of the Rights of Persons with Disabilities Act, 2016, who must give previous permission before a court hears a case against a government employee?

Q2.According to Section 94 of the Rights of Persons with Disabilities Act, 2016, what is another way a court can hear a case against a government worker besides receiving permission?

Q3.Under Section 94 of the Rights of Persons with Disabilities Act, 2016, what does taking cognizance mean in a legal setting?

Q4.To which group does the protection in Section 94 of the Rights of Persons with Disabilities Act, 2016, specifically apply?

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