Section 217 BNSS: Prosecution for offences against State and for criminal conspiracy to commit such offence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 217 BNSS at a Glance

Section 217 BNSS deals with prosecution for offences against State and for criminal conspiracy to commit such offence. It replaced Section 196 CrPC on 1 July 2024.

Was CrPC

Section 196 →

Section 217 BNSS Bare Act Text

(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.

Source: Section 217, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 217 BNSS in Simple Words

Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that no Court shall take cognizance of certain offences under the Bharatiya Nyaya Sanhita, 2023, of a criminal conspiracy to commit such an offence, or of a described abetment, except with the previous sanction of the Central Government or of the State Government. Section 217(2) BNSS adds the District Magistrate for some other offences.

Section 217(3) BNSS reads that a criminal conspiracy punishable under Section 61(2) BNS needs the consent in writing of the State Government or the District Magistrate, unless it is a conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards. Section 217(4) BNSS reads that a preliminary investigation by a police officer not being below the rank of Inspector may be ordered.

When Section 217 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 217 BNSS

Ramesh files a complaint against Suresh for an offence punishable under Section 196 BNS. The Central Government and the State Government have not given previous sanction. Under Section 217(1) BNSS, the Court shall not take cognizance of the offence. Before according sanction, the State Government may order a preliminary investigation by a police officer not being below the rank of Inspector, who shall have the powers referred to in Section 174(3) BNSS.

When Section 217 BNSS Does Not Apply

Section 217 BNSS in the CrPC (Previous Law)

Section 217 BNSS replaced Section 196 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 217 BNSS

Whose previous sanction does Section 217 BNSS require?▼

Section 217(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the previous sanction of the Central Government or of the State Government. Section 217(2) BNSS requires the previous sanction of the Central Government or of the State Government or of the District Magistrate.

When does Section 217(3) BNSS need consent in writing?▼

Section 217(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that 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. The proviso reads that no such consent is necessary where Section 215 BNSS applies.

Can a preliminary investigation be ordered under Section 217 BNSS?▼

Yes. Section 217(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that the Central Government, the State Government or the District Magistrate, as named there, may order a preliminary investigation by a police officer not being below the rank of Inspector. Such police officer shall have the powers referred to in Section 174(3) BNSS.

What changed from Section 196 CrPC to Section 217 BNSS from 1 July 2024?▼

From 1 July 2024, Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 196 of the Code of Criminal Procedure, 1973. Section 196(1) CrPC is found in Section 217(1) BNSS, Section 196(1A) CrPC in Section 217(2) BNSS, Section 196(2) CrPC in Section 217(3) BNSS and Section 196(3) CrPC in Section 217(4) BNSS. Section 217 BNSS cites the Bharatiya Nyaya Sanhita, 2023 where Section 196 CrPC cited the Indian Penal Code: Chapter VII, Section 196 BNS, Section 299 BNS, Section 353(1) BNS and Section 47 BNS where Section 196(1) CrPC cited Chapter VI, Section 153A IPC, Section 295A IPC, Section 505(1) IPC and Section 108A IPC; Section 197 BNS, Section 353(2) BNS and Section 353(3) BNS where Section 196(1A) CrPC cited Section 153B IPC, Section 505(2) IPC and Section 505(3) IPC; and Section 61(2) BNS where Section 196(2) CrPC cited Section 120B IPC. Section 217(3) BNSS cites Section 215 BNSS where Section 196(2) CrPC cited Section 195 CrPC. Section 217(4) BNSS cites Section 174(3) BNSS where Section 196(3) CrPC cited Section 155(3) CrPC.

Section 217 BNSS: Sub-sections Explained

Section 217(1) BNSS: Prosecution for offences against the State and for criminal conspiracy to commit such offence

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Bare Act Text

(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.

Previous Law

CrPC 196 → Section 217(1) BNSS

Section 217(2) BNSS: Prosecution for offences against the State and for criminal conspiracy to commit such offence

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Bare Act Text

(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.

Previous Law

CrPC 196(1A) → Section 217(2) BNSS

Section 217(3) BNSS: Prosecution for offences against the State and for criminal conspiracy to commit such offence

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Bare Act Text

(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.

Previous Law

CrPC 196(2) → Section 217(3) BNSS

Section 217(4) BNSS: Prosecution for offences against the State and for criminal conspiracy to commit such offence

▶

Bare Act Text

(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.

Previous Law

CrPC 196(3) → Section 217(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·