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197 CrPC 218 BNSS - Summary and Analysis
Keyword: Section 218 of BNSS / Section 197 of CrPC
- Main points and insights:
- Legal Position & Mandatory Sanction: When a public servant is accused of an offence committed in the discharge of official functions, Section 197 of CrPC (corresponding to Section 218 BNSS) mandates prior sanction before prosecution can proceed. Several sources confirm this requirement is fundamental to ensure that actions taken against public officials are scrutinized and protected unless proper sanction is obtained Dr Ditto Tom P, S/o Tom Vs State Of Kerala - Kerala, Manoj Kumar Soni S/o Sh. Narayan Prasad Soni vs Directorate of Enforcement Through Assistant Director, E.D., Raipur Zonal Office - Raipur Chhattisgarh - Chhattisgarh, Saji John VS Assistant Director, Directorate of Enforcement, Government of India Cochin Zonal Office - Crimes, GEORGE P. O. S/O OUSEPH VS STATE OF KERALA - Kerala, Manoj Kumar Soni S/o Sh. Narayan Prasad Soni vs State of Chhattisgarh Through SHO, ACB/EOW Raipur, Chhattisgarh - Chhattisgarh, Directorate of Enforcement VS Bibhu Prasad Acharya, etc. - Supreme Court.
- Cognizance & Sanction: Courts emphasize that before taking cognizance of a case involving a public servant, the question of sanction under Section 197 CrPC must be considered. Failure to obtain sanction results in the order being set aside or proceedings being quashed Saji John VS Assistant Director, Directorate of Enforcement, Government of India Cochin Zonal Office - Crimes, GEORGE P. O. S/O OUSEPH VS STATE OF KERALA - Kerala, Manoj Kumar Soni S/o Sh. Narayan Prasad Soni vs State of Chhattisgarh Through SHO, ACB/EOW Raipur, Chhattisgarh - Chhattisgarh.
- Exceptions & Clarifications: There are discussions on whether Section 197(1) CrPC applies to certain offences like money laundering under PMLA or other statutes, with some opinions suggesting it may not apply universally, especially when specific statutes provide separate protections or procedures Directorate of Enforcement VS Bibhu Prasad Acharya, etc. - Supreme Court, Dr Ditto Tom P, S/o Tom Vs State Of Kerala - Kerala.
- Legal Principles & Judicial View: Courts have consistently held that Section 197 CrPC acts as a safeguard to prevent frivolous prosecution of public servants, and its application is narrow and specific to acts performed in official capacity GEORGE P. O. S/O OUSEPH VS STATE OF KERALA - Kerala, Saji John, S/o Late Shri Tk Ulahannan vs Assistant Director, Directorate Of Enforcement - Kerala.
Analysis and Conclusion:
- The consensus across the sources indicates that Section 197 CrPC (and its equivalent Section 218 BNSS) is a mandatory procedural safeguard requiring prior sanction before prosecuting a public servant for acts done in official capacity.
- Failure to obtain sanction invalidates proceedings or cognizance, leading to quashing of cases or dismissal.
- The scope of Section 197 is strictly interpreted, and its applicability depends on the nature of the offence and the statute under which prosecution is initiated.
- Courts have reiterated the importance of procedural compliance with Section 197 CrPC to uphold the integrity of prosecution processes against public officials.
References: - Dr Ditto Tom P, S/o Tom Vs State Of Kerala - Kerala - Manoj Kumar Soni S/o Sh. Narayan Prasad Soni vs Directorate of Enforcement Through Assistant Director, E.D., Raipur Zonal Office - Raipur Chhattisgarh - Chhattisgarh - Saji John VS Assistant Director, Directorate of Enforcement, Government of India Cochin Zonal Office - Crimes - Dr Ditto Tom P, S/o Tom Vs State Of Kerala - Kerala - Arun Kurmi, S/o. Bonrosi Kurmi vs State Of Assam, Represented By PP, Assam - Gauhati - GEORGE P. O. S/O OUSEPH VS STATE OF KERALA - Kerala - Manoj Kumar Soni S/o Sh. Narayan Prasad Soni vs State of Chhattisgarh Through SHO, ACB/EOW Raipur, Chhattisgarh - Chhattisgarh - Directorate of Enforcement VS Bibhu Prasad Acharya, etc. - Supreme Court - Saji John, S/o Late Shri Tk Ulahannan vs Assistant Director, Directorate Of Enforcement - Kerala - Manoj Kumar Soni S/o Sh. Narayan Prasad Soni vs State of Chhattisgarh Through SHO, ACB/EOW Raipur, Chhattisgarh - Chhattisgarh - Robert Lalchungnunga Chongthu @ R L Chongthu VS State of Bihar - Supreme Court
Search Results for "197 Crpc 218 Bnss"
2025 0 Supreme(Ker) 309 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
BNSS , is concerned, the legal position is not in dispute that when a question arose as to whether an act or omission which constitutes an offence in law has been done in discharge of official functions by a public servant, for which sanction under Section 197 of Cr.P.C is mandatory then
2025 0 Supreme(Chh) 15 • India - High Court of Chhattisgarh
Arvind Kumar Verma
(A) Prevention of Money Laundering Act, 2002 - Sections 3 and 4 - Criminal Procedure Code, 1973 - Section 197 - Cognizance of ... offence against public servant - No prior sanction obtained for prosecution of public servant as required under Section 197(1) CrPC ... ... ... Findings of Court: ... The order taking cognizance was set aside due to lack of prior sanction under Section 197(1) CrPC, ... (b) He would next contend that a sanction from the concerned government, as envisaged u....
• India - Crimes
A. BADHARUDEEN
[Section 218 of BNSS]. (Paras 11, 12, 13 and 14) Result: Petition allowed. ... Cr.P.C. ... , before taking cognizance – Before taking cognizance, Special Court shall also consider question of sanction under Section 197 of ... Bibhu Prasad Acharya, also has been placed by the learned counsel for the petitioners, with reference to paragraph Nos. 14 to 18, to contend that, separate sanction under Section 197 of Cr.P.C. analogous to Section 218 of the BNSS#HL_E....
2025 Supreme(Online)(KER) 7452 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
BNSS , is concerned, the legal position is not in dispute that when a question arose as to whether an act or omission which constitutes an offence in law has been done in discharge of official functions by a public servant, for which sanction under Section 197 of Cr.P.C is mandatory then
2025 0 Supreme(Gau) 697 • India - THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, KAKHETO SEMA
(A) Code of Criminal Procedure, 1973 - Section 374 - Indian Penal Code - Section 302 - Arms Act - Section 27(2) - Appeal against ... There is violation of Section 197 of the CrPC [corresponding to Section 218 BNSS] inasmuch as, no prosecution sanction was taken before prosecuting his client who is a government servant. 19. ... The submission regarding violation of Section 197 of the CrPC [corresponding to Section 218 BNSS] is not te....
2024 0 Supreme(Ker) 1623 • India - Kerala
K. BABU
(Paras 1-60) (B) The court examined the necessity of sanction under Section 197 of the Cr.P.C. for public servants ... (A) Protection of Children from Sexual Offences (POCSO) Act, 2012 - Sections 19 and 21 - Criminal Procedure ... Code, 1973 - Section 197 - Quashing of proceedings against former chairman of Child Welfare Committee for alleged non-reporting ... The resultant conclusion is that the non-obstante clause in Section 19 of the POCSO Act is not inconsistent with the subject matter of Section 197#HL_END....
2025 0 Supreme(Ker) 2316 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Legal principles - Requirement under Section 223(1) for pre-cognizance hearing for accused - Comparison with provisions of the Code ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 223(1) - Prevention of Money Laundering Act, 2002 - Cognizance - Special Court ... mandated, rendering the cognizance illegal and non est - Court reiterated requirement for compliance with procedural safeguards of the BNSS ... At the same time, in consideration of the argument advanced by the learned counsel for the petitioners, supported by the decis....
2025 0 Supreme(Chh) 101 • India - HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
(A) Prevention of Corruption Act, 2018 - Sections 13(1)(a), 13(2), 19 - Code of Criminal Procedure, 1973 - Section 197 - Cognizance ... (1) CrPC and Section 19 of the PC Act. ... (1) CrPC, which mandates prior sanction for prosecution. ... Learned counsel for the petitioner would contend that:- (a) at the time of passing the order on 01/02/2025 where cognizance of the offence of money laundering was taken, no sanction u/s 197(1) CrPC or u/s 218(1) BNSS#HL_EN....
2025 1 Supreme 561 • India - Supreme Court
ABHAY S. OKA, AUGUSTINE GEORGE MASIH
197 and 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 218 and 528] – Offence of money laundering – Provisions of Section ... of Section 197(1) of Cr.P.C. will not apply to PMLA – Object of Section 197(1) is protection of honest and sincere officers – However ... 197(1) of Cr.P.C. are applicable to complaint under Section 44(1)(b) of PMLA – Section 71 cannot be invoked to say that provision ... Section 197 (1) of #HL_START....
2025 8 Supreme 687 • India - Supreme Court
SANJAY KAROL, N. KOTISWAR SINGH
(Paras 7, 8, 19 and 20) (B) Criminal Procedure Code, 1973 – Section 197 [Section 218 of BNSS] – Sanction for ... (Paras 14, 17 and 19) (D) Criminal Procedure Code, 1973 – Section 173(8) [Section 193(9) of BNSS] – Further ... (Para 12) (C) Criminal Procedure Code, 1973 – Section 173 [Section 193 of BNSS] – Constitution of India – Article ... To that extent Section 197 CrPC has to be construed narrowly and in a restr....
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