offence.—(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.
Bharatiya Nagarik Suraksha Sanhita
Section 217
Prosecution for offences against State and for criminal conspiracy to commit such
⚡ Quick Answer Reference: Section 217 BNSS
- Provision: Section 217 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: This section says that certain serious crimes against the state can only be prosecuted with the permission of the central or state government. The government can order a preliminary investigation before giving permission. This section also applies to conspiracies to commit these crimes.
What does Section 217 of BNSS say?
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What does Section 217 of BNSS mean?
Plain English Explanation
This section says that certain serious crimes against the state can only be prosecuted with the permission of the central or state government. The government can order a preliminary investigation before giving permission. This section also applies to conspiracies to commit these crimes.
Practical Interpretation
In real practice, this section means that the government has significant control over which cases involving serious crimes against the state are prosecuted. The government can choose to investigate a case before deciding whether to give permission for prosecution.
Core Legal Purpose
The core purpose of this section is to give the central and state governments significant control over the prosecution of serious crimes against the state, in order to prevent frivolous or politically motivated prosecutions.
- •The crime must be one of those listed in the section (e.g. Chapter VII, section 196, section 299, etc.).
- •The crime must be a serious one, punishable by a significant penalty (e.g. imprisonment for life or rigorous imprisonment for 2 years or more).
- •The government must give permission for prosecution, either by giving a sanction or by giving consent to initiate proceedings.
- •The government can order a preliminary investigation before giving permission.
Practical Example of Section 217 BNSS
Rajesh, a government official, is accused of conspiring with others to commit a serious crime against the state. The central government orders a preliminary investigation, which finds sufficient evidence to support the charges. The central government then gives permission for prosecution, and Rajesh is charged with the crime.
Frequently Asked Questions about Section 217 BNSS
Q: What is the punishment or consequence under Section 217 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment for the underlying crime will depend on the specific provisions of the Bharatiya Nyaya Sanhita, 2023.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as long as they are accused of committing a crime against the state.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether the offence is bailable or cognizable. However, the underlying crime may be bailable or cognizable depending on the specific provisions of the Bharatiya Nyaya Sanhita, 2023.
Common Questions about Section 217 BNSS
What is Section 217 of BNSS?
Section 217 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Prosecution for offences against State and for criminal conspiracy to commit such". In plain terms: This section says that certain serious crimes against the state can only be prosecuted with the permission of the central or state government. The government can order a preliminary investigation before giving permission. This section also applies to conspiracies to commit these crimes.
What is the punishment under Section 217 of BNSS?
Section 217 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 217 of BNSS bailable or non-bailable?
Whether Section 217 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 217 of BNSS?
The essential elements of Section 217 of BNSS are: The crime must be one of those listed in the section (e.g. Chapter VII, section 196, section 299, etc.).; The crime must be a serious one, punishable by a significant penalty (e.g. imprisonment for life or rigorous imprisonment for 2 years or more).; The government must give permission for prosecution, either by giving a sanction or by giving consent to initiate proceedings..
Landmark Judgments under Section 217 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 217
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