CrPC 197→BNSS 218

CrPC 197 to BNSS 218: Prosecution of Judges and public servants

Section 197 CrPC (1973) replaced by Section 218 BNSS (2023)

View CrPC Section 197 →View BNSS Section 218 →

CrPC 197 to BNSS 218 at a Glance

Section 197 CrPC (Prosecution of Judges and public servants) is now Section 218 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 197 to BNSS 218?

Section 197 of the Code of Criminal Procedure, 1973 becomes Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The requirement of previous Government sanction before a Court takes cognizance of offences committed in the discharge of official duty by Judges, Magistrates, covered public servants, Armed Forces members, and notified public order Forces is the same in both Acts, but Section 218(1) BNSS adds that sanction shall be deemed accorded if the Government does not decide within one hundred and twenty days. Substantively, Section 218(1) BNSS adds a second proviso requiring the Government to decide a sanction request within one hundred and twenty days of receipt, failing which sanction shall be deemed accorded, and its third proviso widens the list of offences needing no sanction by adding section 69 and section 71 of the Bharatiya Nyaya Sanhita, 2023. Section 197(3B) CrPC is not carried over. Renumbering sub-sections and updating the other cross-references in the third proviso are changes of form.

CrPC 197 vs BNSS 218: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section197218
HeadingProsecution of Judges and public servantsSame
Sub-sections6 sub-sections5 sub-sections

CrPC 197 and BNSS 218: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 197, CrPC 1973

197. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)— (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government: Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression “State Government” occurring therein, the expression “Central Government” were substituted. Explanation.—For the removal of doubts it is hereby declared that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 166A, section 166B, section 354, section 354A, section 354B, section 354C, section 354D, section 370, section 375, section 376, section 376A, section 376AB, section 376C, section 376D, section 376DA, section 376DB or section 509 of the Indian Penal Code (45 of 1860). (2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government. (3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted. (3A) Notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government. (3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any sanction accorded by the State Government or any cognizance taken by a court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991), receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in such matter to accord sanction and for the court to take cognizance thereon. (4) The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.
BNSS 2023 (in force)

Section 218, BNSS 2023

218. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013— (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government: Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government" were substituted: Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government: Provided also that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023. (2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government. (3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted. (4) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government. (5) The Central Government or the State Government, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.

When It Applies: CrPC 197 vs BNSS 218

Under CrPC 197
  1. No Court shall take cognizance of an offence alleged to have been committed by a current or former Judge, Magistrate, or public servant removable from office only by or with Government sanction while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Central Government for Union employment or the State Government for State employment, save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 under Section 197(1) of the Code of Criminal Procedure, 1973.
  2. As a proviso to Section 197(1)(b) CrPC that alters the sanctioning authority, where a person employed in connection with State affairs allegedly committed the offence while a Proclamation issued under clause 1 of article 356 of the Constitution was in force in the State, the required previous sanction is that of the Central Government instead of the State Government.
  3. Under Section 197(2) CrPC, no Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Central Government.
  4. Under Section 197(3) CrPC, the State Government may by notification apply Section 197(2) CrPC with State Government sanction to specified classes or categories of members of Forces charged with maintaining public order wherever serving, except that under Section 197(3A) CrPC no court shall take cognizance without the previous sanction of the Central Government if the alleged offence was committed while a Proclamation under clause 1 of article 356 of the Constitution was in force.
  5. Under Section 197(4) CrPC, the Central Government or the State Government may determine the person by whom, the manner in which, and the offence or offences for which the prosecution of such Judge, Magistrate, or public servant is to be conducted, and may specify the Court before which the trial is to be held.
Under BNSS 218
  1. No Court shall take cognizance of an offence alleged to have been committed by a current or former Judge, Magistrate, or public servant removable from office only by or with Government sanction while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Central Government for Union employment or the State Government for State employment, save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 under Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. As a proviso to Section 218(1)(b) BNSS that changes the sanctioning authority, where a person employed in connection with State affairs allegedly committed the offence while a Proclamation issued under clause 1 of article 356 of the Constitution was in force in the State, the previous sanction of the Central Government is required instead of the State Government.
  3. Under Section 218(2) BNSS, no Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Central Government.
  4. Under Section 218(3) BNSS, the State Government may by notification apply Section 218(2) BNSS with State Government sanction to specified classes or categories of members of Forces charged with the maintenance of public order wherever serving, except that under Section 218(4) BNSS no Court shall take cognizance without the previous sanction of the Central Government if the alleged offence was committed while a Proclamation under clause 1 of article 356 of the Constitution was in force.
  5. Under Section 218(5) BNSS, the Central Government or the State Government may determine the person by whom, the manner in which, and the offence or offences for which the prosecution of such Judge, Magistrate, or public servant is to be conducted, and may specify the Court before which the trial is to be held.

Time Limits: CrPC 197 to BNSS 218

Under CrPC 197

Section 197 CrPC states no time limit.

Under BNSS 218
  • Under the second proviso to Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Government shall take a decision within a period of one hundred and twenty days from the date of receipt of the request for sanction, failing which the sanction shall be deemed to have been accorded by that Government.Act text: “within a period of one hundred and twenty days from the date of the receipt of the request for sanction”

What CrPC 197 to BNSS 218 Means in Practice

The main practical change from 1 July 2024 is the time limit for deciding sanction requests under the second proviso to Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 197 of the Code of Criminal Procedure, 1973 fixed no deadline for the Government to decide a request. Under Section 218(1) BNSS, the Government shall take a decision within one hundred and twenty days from receiving the request for sanction, failing which sanction shall be deemed accorded.

FAQs: CrPC 197 to BNSS 218

Did the transition from Section 197 CrPC to Section 218 BNSS introduce a deadline for granting sanction?▼

Yes. Section 197 of the Code of Criminal Procedure, 1973 contained no deadline for the Central Government or the State Government to decide a sanction request. The second proviso to Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the Government to take a decision within one hundred and twenty days from the date of the receipt of the request for sanction, and if it fails to do so, sanction shall be deemed to have been accorded.

How did the list of offences exempt from sanction change between Section 197 CrPC and Section 218 BNSS?▼

The Explanation to Section 197(1) of the Code of Criminal Procedure, 1973 was recast as the third proviso to Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The references to sections 166A, 166B, 354, 354A, 354B, 354C, 354D, 370, 375, 376, 376A, 376AB, 376C, 376D, 376DA, 376DB and 509 of the Indian Penal Code were replaced with references to sections 64, 65, 66, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, 143, 199 and 200 of the Bharatiya Nyaya Sanhita, 2023. The list is wider in substance, because section 69 of the Bharatiya Nyaya Sanhita, 2023 has no counterpart in the Indian Penal Code, and section 376E of the Indian Penal Code, the source of section 71 of the Bharatiya Nyaya Sanhita, 2023, was not in the Explanation.

Which sub-section of Section 197 CrPC was omitted in Section 218 BNSS, and how were the remaining sub-sections renumbered?▼

Section 197(3B) of the Code of Criminal Procedure, 1973, which invalidated State Government sanctions and court cognizance taken thereon between 20 August 1991 and the date immediately preceding Presidential assent to the Code of Criminal Procedure Amendment Act, 1991 during a Proclamation under clause 1 of article 356 of the Constitution, is not carried over into Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In changes of form, Section 197(3A) CrPC became Section 218(4) BNSS and Section 197(4) CrPC became Section 218(5) BNSS.

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: 27 Oct 2026 ·