CrPC Section 197 in BNSS

Drafting note. The BNS sections replace the corresponding IPC sections. A second proviso to 218(1)(b) is added, which provides that such Government shall take a decision within a period of one hundred and twenty days from the date of 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. This will curb the tendency to help an accused p ublic servant by such delay tactics.

(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

Read the full text of BNSS Section 218 →