Section 217 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 217 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 217 of the BNSS, 2023, stipulates that no court shall take cognizance of certain offenses or criminal conspiracies without the prior sanction of the Central Government, State Government, or District Magistrate. Specifically, it covers
Offenses under the Bharatiya Nyaya Sanhita, 2023:
Chapter VII
Section 196
Section 299
Sub-section (1) of Section 353
Section 197
Sub-sections (2) and (3) of Section 353
Section 61 (sub-section (2))
Criminal Conspiracies:
To commit any of the above offenses.
Abetment:
As described in Section 47 of the Bharatiya Nyaya Sanhita, 2023.
The section also allows the Central or State Government, or the District Magistrate, to order a preliminary investigation by a police officer not below the rank of Inspector before granting such sanction. During this investigation, the officer has the powers referred to in sub-section (3) of Section 174 of the Bharatiya Nyaya Sanhita, 2023.
Comparison with the Code of Criminal Procedure (CrPC):
Section 217 of the BNSS, 2023, aligns with Section 196 of the CrPC, which similarly requires prior sanction for prosecuting certain offenses. Both provisions aim to prevent frivolous or politically motivated prosecutions against public servants and others involved in sensitive matters.
Illustrative Example:
Scenario: An individual is accused of conspiring to commit an offense punishable under Chapter VII of the Bharatiya Nyaya Sanhita, 2023.(
Application of Section 217: Before the court can take cognizance of the offense or conspiracy, the police must obtain prior sanction from the Central Government or State Government. If the sanction is granted, the court may proceed with the case.(
Conclusion:
Section 217 of the BNSS, 2023, establishes a safeguard against unwarranted prosecutions for serious offenses and conspiracies by requiring prior governmental sanction. This provision ensures that such cases are thoroughly vetted before judicial proceedings commence.
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