CrPC 196→BNSS 217

CrPC 196 to BNSS 217: Prosecution for offences against the State and for criminal conspiracy to commit such offence

Section 196 CrPC (1973) replaced by Section 217 BNSS (2023)

View CrPC Section 196 →View BNSS Section 217 →

CrPC 196 to BNSS 217 at a Glance

Section 196 CrPC (Prosecution for offences against the State and for criminal conspiracy to commit such offence) is now Section 217 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 196 to BNSS 217?

Section 196 of the Code of Criminal Procedure, 1973 is found in Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 196(1) CrPC is Section 217(1) BNSS, Section 196(1A) CrPC is Section 217(2) BNSS, Section 196(2) CrPC is Section 217(3) BNSS and Section 196(3) CrPC is Section 217(4) BNSS. Section 217 BNSS cites the Bharatiya Nyaya Sanhita, 2023 where Section 196 CrPC cited the Indian Penal Code. Section 217(3) BNSS cites Section 215 BNSS where Section 196(2) CrPC cited Section 195 CrPC, and Section 217(4) BNSS cites Section 174(3) BNSS where Section 196(3) CrPC cited Section 155(3) CrPC.

CrPC 196 vs BNSS 217: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section196217
HeadingProsecution for offences against the State and for criminal conspiracy to commit such offenceProsecution for offences against State and for criminal conspiracy to commit such offence
Sub-sections4 sub-sectionsSame
Cross-referencess.195, s.155s.215, s.174

CrPC 196 and BNSS 217: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 196, CrPC 1973

196. Prosecution for offences against the State and for criminal conspiracy to commit such offence.—(1) No Court shall take cognizance of— (a) any offence punishable under Chapter VI or under section 153A, section 295A or sub-section (1) of section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, or (c) any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government. (1A) No Court shall take cognizance of— (a) any offence punishable under section 153B or sub-section (2) or sub-section (3) of section 505 of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate. (2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary. (3) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (1A) and the District Magistrate may, before according sanction under sub-section (1A) and the State Government or the District Magistrate may, before giving consent under sub-section (2), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 155.
BNSS 2023 (in force)

Section 217, BNSS 2023

217. Prosecution for offences against State and for criminal conspiracy to commit such offence.—(1) No Court shall take cognizance of— (a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence; or (c) any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except with the previous sanction of the Central Government or of the State Government. (2) No Court shall take cognizance of— (a) any offence punishable under section 197 or sub-section (2) or sub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate. (3) No Court shall take cognizance of the offence of any criminal conspiracy punishable under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of section 215 apply, no such consent shall be necessary. (4) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (2) and the District Magistrate may, before according sanction under sub-section (2) and the State Government or the District Magistrate may, before giving consent under sub-section (3), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 174.

When It Applies: CrPC 196 vs BNSS 217

Under CrPC 196
  1. No Court shall take cognizance of an offence punishable under Chapter VI of the Indian Penal Code, Section 153A IPC, Section 295A IPC or Section 505(1) IPC, of a criminal conspiracy to commit such an offence, or of an abetment described in Section 108A IPC, except with the previous sanction of the Central Government or of the State Government.
  2. No Court shall take cognizance of an offence punishable under Section 153B IPC, Section 505(2) IPC or Section 505(3) IPC, or of a criminal conspiracy to commit such an offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.
  3. No Court shall take cognizance of a criminal conspiracy punishable under Section 120B IPC, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings.
  4. Under Section 196(3) CrPC, the Central Government, the State Government or the District Magistrate named there may, before according sanction or giving consent, order a preliminary investigation by a police officer not being below the rank of Inspector.
Under BNSS 217
  1. No Court shall take cognizance of an offence punishable under Chapter VII of the Bharatiya Nyaya Sanhita, 2023, Section 196 BNS, Section 299 BNS or Section 353(1) BNS, of a criminal conspiracy to commit such an offence, or of an abetment described in Section 47 BNS, except with the previous sanction of the Central Government or of the State Government.
  2. No Court shall take cognizance of an offence punishable under Section 197 BNS, Section 353(2) BNS or Section 353(3) BNS, or of a criminal conspiracy to commit such an offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.
  3. No Court shall take cognizance of a criminal conspiracy punishable under Section 61(2) BNS, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings.
  4. Under Section 217(4) BNSS, the Central Government, the State Government or the District Magistrate named there may, before according sanction or giving consent, order a preliminary investigation by a police officer not being below the rank of Inspector.

What CrPC 196 to BNSS 217 Means in Practice

From 1 July 2024, the sanction and consent provisions are in Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 where they were in Section 196 of the Code of Criminal Procedure, 1973. A reader checking a sub-section looks at Section 217(2) BNSS for Section 196(1A) CrPC, Section 217(3) BNSS for Section 196(2) CrPC and Section 217(4) BNSS for Section 196(3) CrPC.

FAQs: CrPC 196 to BNSS 217

How are the sub-sections of Section 196 CrPC numbered in Section 217 BNSS?▼

Section 196(1) CrPC is found in Section 217(1) BNSS. Section 196(1A) CrPC is found in Section 217(2) BNSS. Section 196(2) CrPC is found in Section 217(3) BNSS. Section 196(3) CrPC is found in Section 217(4) BNSS.

Which offence sections does Section 217 BNSS name where Section 196 CrPC named Indian Penal Code sections?▼

Section 217(1) BNSS names Chapter VII, Section 196 BNS, Section 299 BNS, Section 353(1) BNS and Section 47 BNS where Section 196(1) CrPC named Chapter VI, Section 153A IPC, Section 295A IPC, Section 505(1) IPC and Section 108A IPC. Section 217(2) BNSS names Section 197 BNS, Section 353(2) BNS and Section 353(3) BNS where Section 196(1A) CrPC named Section 153B IPC, Section 505(2) IPC and Section 505(3) IPC. Section 217(3) BNSS names Section 61(2) BNS where Section 196(2) CrPC named Section 120B IPC.

Which cross-references in the preliminary investigation provision changed between Section 196(3) CrPC and Section 217(4) BNSS?▼

Section 217(4) BNSS refers to sanction under Section 217(1) BNSS or Section 217(2) BNSS and consent under Section 217(3) BNSS, where Section 196(3) CrPC referred to sanction under Section 196(1) CrPC or Section 196(1A) CrPC and consent under Section 196(2) CrPC. Section 217(4) BNSS refers to Section 174(3) BNSS where Section 196(3) CrPC referred to Section 155(3) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·