Section 197 CrPC: Prosecution of Judges and public servants

Code of Criminal Procedure, 1973

Section 197 CrPC at a Glance

Section 197 CrPC deals with prosecution of Judges and public servants. From 1 July 2024 it is replaced by Section 218 BNSS. Popularly called sanction for prosecution. Section 218(1) BNSS requires the Government to decide a sanction request within one hundred and twenty days, failing which the sanction shall be deemed to have been accorded.

Now BNSS

Section 218 →

What Section 197 CrPC Says

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.

Source: Section 197, Code of Criminal Procedure, 1973

Section 197 CrPC in Simple Words

Section 197 of the Code of Criminal Procedure, 1973 applies to a person who is or was a Judge or a Magistrate. It also applies to a public servant not removable from office save by or with the sanction of the Government. This applies where the person is accused of an offence alleged to have been committed while acting or purporting to act in the discharge of official duty. No Court shall take cognizance of that offence except with the previous sanction. Section 197(1) CrPC applies except as the Lokpal and Lokayuktas Act, 2013 otherwise provides. Under Section 197(1)(a) CrPC, the sanction is that of the Central Government when the person is employed, or was employed at the time of the alleged offence, in connection with the affairs of the Union. Under Section 197(1)(b) CrPC, the sanction is that of the State Government when the person is or was so employed in connection with the affairs of a State. The proviso covers a person referred to in Section 197(1)(b) CrPC. The alleged offence must have been committed while a Proclamation issued under clause 1 of article 356 of the Constitution was in force in the State. In that case the Central Government gives the sanction in place of the State Government.

For the removal of doubts, the Explanation declares that a public servant accused of an offence alleged to have been committed under the listed sections of the Indian Penal Code, 1860 needs no sanction. Those sections are 166A, 166B, 354, 354A, 354B, 354C, 354D, 370, 375, 376, 376A, 376AB, 376C, 376D, 376DA, 376DB and 509. Section 197(2) CrPC applies to an offence alleged to have been committed by a member of the Armed Forces of the Union while acting or purporting to act in the discharge of official duty. No Court shall take cognizance of that offence except with the previous sanction of the Central Government. Under Section 197(3) CrPC, the State Government may by notification direct that Section 197(2) CrPC applies to a class or category of members of the Forces charged with the maintenance of public order. The class or category is as specified in the notification, and the direction applies wherever those members are serving. Section 197(2) CrPC then applies to them as if State Government were read in place of Central Government. Section 197(3A) CrPC applies despite Section 197(3) CrPC. It covers an offence alleged against a member of the Forces charged with the maintenance of public order in a State. The offence must be alleged to have been committed while acting or purporting to act in the discharge of official duty.

It must also fall in the period when a Proclamation issued under clause 1 of article 356 of the Constitution was in force in that State. In that case no Court shall take cognizance of the offence except with the previous sanction of the Central Government. Section 197(3B) CrPC applies despite anything to the contrary in the Code or any other law. It declares invalid any sanction given by the State Government, and any cognizance taken by a court upon such sanction, within a stated period. The period starts on the 20th day of August, 1991 and ends with the date immediately before the Code of Criminal Procedure Amendment Act, 1991 receives the assent of the President. It covers an offence alleged to have been committed while a Proclamation issued under clause 1 of article 356 of the Constitution was in force in the State. In such a matter the Central Government may give sanction and the court may take cognizance on it. Under Section 197(4) CrPC, the Central Government or the State Government, as the case may be, may determine the person by whom the prosecution of the Judge, Magistrate or public servant is to be conducted. It may also determine the manner in which, and the offence or offences for which, the prosecution is to be conducted. It may further specify the Court before which the trial is to be held.

When Section 197 CrPC Applies

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.
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.
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.
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.
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.

Example of Section 197 CrPC

Ramesh is a serving Magistrate in a State. A complainant approaches a Court alleging that Ramesh committed an offence while passing an order in the discharge of his official duty. Because Ramesh is a Magistrate accused of an offence alleged to have been committed while acting or purporting to act in the discharge of his official duty in connection with State affairs, Section 197(1)(b) of the Code of Criminal Procedure, 1973 applies. Where the case is not governed by the Lokpal and Lokayuktas Act, 2013 or the Explanation to Section 197(1) CrPC, no Court shall take cognizance of the offence except with the previous sanction of the State Government.

When Section 197 CrPC Does Not Apply

Section 197(1) of the Code of Criminal Procedure, 1973 does not apply to a public servant who is removable from office without the sanction of the Government.
Section 197 CrPC does not require previous sanction when the alleged offence was not committed while the accused was acting or purporting to act in the discharge of official duty.
Under the Explanation to Section 197(1) CrPC, no sanction shall be required when a public servant is accused of an offence alleged to have been committed under section 166A, 166B, 354, 354A, 354B, 354C, 354D, 370, 375, 376, 376A, 376AB, 376C, 376D, 376DA, 376DB, or 509 of the Indian Penal Code.
The requirement of previous sanction under Section 197(1) CrPC does not apply to the extent otherwise provided in the Lokpal and Lokayuktas Act, 2013.

Sanction for Prosecution Under BNSS 218: What Changed

Section 197 CrPC is now covered under Section 218 BNSS.

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.

View detailed comparison (CrPC 197 vs BNSS 218) →

FAQs on Section 197 CrPC

Who is protected by the requirement of previous sanction under Section 197 CrPC?▼

Section 197(1) of the Code of Criminal Procedure, 1973 applies to any person who is or was a Judge, a Magistrate, or a public servant not removable from office except by or with the sanction of the Government. Section 197(2) CrPC covers any member of the Armed Forces of the Union, and Section 197(3) CrPC allows the State Government by notification to extend that protection to specified categories of Forces charged with maintaining public order.

Which Government grants sanction when an offence is committed during a Proclamation under article 356 of the Constitution?▼

Under the proviso to Section 197(1)(b) of the Code of Criminal Procedure, 1973 and Section 197(3A) CrPC, if the alleged offence was committed in a State while a Proclamation issued under clause 1 of article 356 of the Constitution was in force, the previous sanction of the Central Government is required instead of the State Government. This applies both to public servants employed in connection with State affairs and to members of public order Forces.

Are there offences for which no previous sanction is required under Section 197 CrPC?▼

Yes. The Explanation to Section 197(1) of the Code of Criminal Procedure, 1973 declares that no sanction shall be required when a public servant is accused of any offence alleged to have been committed under section 166A, 166B, 354, 354A, 354B, 354C, 354D, 370, 375, 376, 376A, 376AB, 376C, 376D, 376DA, 376DB, or 509 of the Indian Penal Code. Section 197(1) CrPC also yields where otherwise provided in the Lokpal and Lokayuktas Act, 2013.

What did Section 197(3B) CrPC and Section 197(4) CrPC provide regarding sanctions and conduct of prosecution?▼

Section 197(3B) of the Code of Criminal Procedure, 1973 declared invalid any State Government sanction or court cognizance taken upon it between 20 August 1991 and the date immediately before Presidential assent to the Code of Criminal Procedure Amendment Act, 1991 for offences during a Proclamation under clause 1 of article 356 of the Constitution, empowering the Central Government instead. Section 197(4) CrPC empowers the appropriate Government to determine the prosecutor, manner, offences, and trial Court.

Where is Section 197 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The provisions of Section 197 CrPC are found in Section 218 BNSS from 1 July 2024. Specifically, Section 197(1) CrPC corresponds to Section 218(1) BNSS, Section 197(2) CrPC to Section 218(2) BNSS, Section 197(3) CrPC to Section 218(3) BNSS, Section 197(3A) CrPC to Section 218(4) BNSS, and Section 197(4) CrPC to Section 218(5) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·