What Is BNSS Section 217?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 217: Prosecution for Offences Against the State and for Criminal Conspiracy to Commit Such Offence

(1) No Court shall take cognizance of—

• (a) any offence punishable under Chapter VI or under section 194, section 297 or sub-section (1) of section 351 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 195 or sub-section (2) or sub-section (3) of section 351 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 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.

Brefe Detail

Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the conditions under which a court can take cognizance of offences against the State, including criminal conspiracies. It specifies that prior sanctions are required from the Central or State Government, and in some cases, the District Magistrate, to initiate prosecution for specified offences.

Question & Answers

Q1: What does Section 217 address?

A1: It addresses the prosecution for offences against the State and criminal conspiracies related to those offences.

Q2: When can a court take cognizance of these offences?

A2: A court can only take cognizance with the previous sanction of the Central Government, State Government, or District Magistrate, depending on the nature of the offence.

Q3: What types of offences require prior sanction for prosecution?

A3: Offences under Chapter VI, section 194, section 297, and section 351 of the Bharatiya Nyaya Sanhita, 2023, as well as criminal conspiracies related to these offences.

Q4: Is consent always necessary for criminal conspiracies?

A4: Consent is not necessary if the conspiracy falls under the provisions of section 215.

Example

- Scenario 1: If an individual is involved in a conspiracy to commit an offence punishable under section 194, the court will require prior sanction from the Central or State Government to initiate proceedings.

Summary

Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023, sets forth stringent requirements for the prosecution of offences against the State and related criminal conspiracies. It emphasizes the need for government sanctions and outlines the process for preliminary investigations before prosecution can commence.