Section 218 BNSS ensures fair prosecution of public servants with a 120-day sanction rule.
Section 218 BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023 is a important provision in criminal procedural law of India describing the prerequisites for prosecuting judges, magistrates and certain public servants for offenses alleged to have been committed during the discharge of their official duties . The section is quite similar with the intent of Section 197 of the Code of Criminal Procedure (CrPC), 1973 but introduces significant reforms to enhance accountability and smoothen the prosecution process .
Sections 218 BNSS
Section 218(1) of BNSS explains that no court shall take cognizance of offenses alleged against judges, magistrates or public servants not removable from office without government sanction if such offenses are purportedly committed during official duties unless prior sanction is obtained from the appropriate government authority . The purpose of the provision is to shield public officials from frivolous litigation that could impede their official functions .
A notable addition in the BNSS is the proviso that mandates the government to decide on the sanction request within 120 days of receipt . Failure to do so results in a “deemed sanction,” thereby controlling indefinite delays in the process of prosecution .
Furthermore Section 218(2) extends similar safeguards to members of the Armed Forces needing a prior sanction from the Central Government for offenses alleged during official duties . Subsections (3) and (4) permit State Governments to apply these provisions to forces maintaining public order and specify that during a state of emergency under Article 356 of the Constitution, the Central Government’s sanction is requisite .
Landmark Cases and Judicial Interpretations
While Section 218 is a recent enactment, its predecessor Section 197 of the CrPC has been extensively interpreted by the judiciary . In the case of State of Orissa v. Ganesh Chandra Jew the Supreme Court of India stressed the need of prior sanction to prosecute public servants for acts done in the discharge of official duties . The introduction of the “deemed sanction” clause in Section 218 addresses concerns raised in cases where delays in granting sanction hindered justice .
Misuse and Safeguards
The need for prior sanction serves as a protection against vexatious prosecutions ensuring that public servants can perform their duties without fear of undue legal harassment . However the provision has been condemned for being misused to shield corrupt officials . The 120 day time frame for deciding on sanction requests in Section 218 is a reformative step to balance these concerns by promoting accountability while safeguarding officials from baseless allegations .
Impact of Section 218
The implementation of Section 218 is anticipated to have a profound impact on the prosecution of public servants . By introducing a definitive timeline for sanction decisions its purpose is to fasten legal proceedings and reduce the backlog of cases . The provision also reinforces the principle that no individual is above the law by enhancing public confidence in the justice system .
Comparison with Section 197 of the CrPC
Section 218 of the BNSS retains the core principles of Section 197 of the CrPC but introduces critical modifications :
- Time-Bound Decision : The 120-day limit for sanction decisions is a new addition which is absent in the CrPC .
- Deemed Sanction : If no decision is made within the stipulated period sanction is automatically granted and this provision is not present in the CrPC .
- Clarity in Application : Section 218 gives more explicit directives on the applicability of sanction requirements especially concerning armed forces and during emergencies .
Amendments and Additional Information
The BNSS through Section 218 addresses longstanding issues related to the prosecution of public servants . By instituting a clear structure and timelines it seeks to eliminate ambiguities and stop the misuse of the sanction provision . This reform aligns with the broader objectives of the BNSS to modernize and enhance the efficiency of the criminal justice system in India .
Conclusion
Section 218 of the Bharatiya Nagarik Suraksha Sanhita shows a major advancement in the legal structure governing the prosecution of public servants in India . By balancing the requirement to protect officials from unwarranted legal actions with the imperative of ensuring accountability it strengthens the integrity of public administration and the justice system . The introduction of time bound sanctions and the concept of deemed approval are pivotal in promoting timely and fair legal proceedings .
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