Why Is Sanction for Prosecution Necessary?
Public servants perform official duties that often involve sensitive decision-making. To protect them from frivolous or vindictive criminal prosecution, criminal procedure law requires prior sanction before courts can take cognizance of certain offences.
This protection is not meant to place public officials above the law. Instead, it ensures that honest officers are not harassed for acts done in the discharge of official functions. This safeguard earlier existed under Section 197 of the CrPC, 1973 and now continues under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What Did Section 197 CrPC Provide?
Section 197 CrPC barred courts from taking cognizance of offences alleged to have been committed by a public servant while acting or purporting to act in the discharge of official duty, unless prior sanction was obtained from the competent government.
The provision applied to judges, magistrates, and public servants who were not removable from office without government approval. The protection extended only when the alleged act had a reasonable connection with official duties.
Thus, sanction acted as a jurisdictional prerequisite.
How Did Courts Interpret Section 197 CrPC?
Indian courts consistently held that sanction under Section 197 CrPC was mandatory only when the offence was directly connected to official duty. Acts such as bribery, sexual offences, or acts done in personal capacity did not enjoy protection.
The Supreme Court clarified that the test was whether omission or neglect of the act would have made the officer answerable for dereliction of duty.
Therefore, Section 197 CrPC balanced accountability with protection.
Why Was Section 218 BNSS Introduced?
The BNSS aims to simplify and modernize criminal procedure while retaining core safeguards. Section 218 BNSS was introduced to continue protection for public servants, ensuring administrative efficiency without weakening the rule of law.
The legislature consciously retained the sanction requirement, recognizing its importance in governance and decision-making.
What Does Section 218 BNSS Provide?
Section 218 BNSS continues the requirement of prior sanction before prosecuting a public servant for acts done in discharge of official duty. Courts are barred from taking cognizance without such sanction.
The wording largely mirrors Section 197 CrPC. However, BNSS places the provision within a restructured and time-sensitive procedural framework.
This reinforces responsible prosecution.
Is There Any Substantive Change from CrPC to BNSS?
There is no substantive dilution or expansion of protection. Section 218 BNSS preserves the same legal principles developed under Section 197 CrPC.
The real change lies in procedural efficiency. BNSS emphasizes accountability of sanctioning authorities and discourages unnecessary delays.
Thus, continuity is maintained with reform.
When Is Sanction Not Required Under Section 218 BNSS?
Sanction is not required when the alleged offence has no nexus with official duty. Crimes involving corruption, sexual offences, or personal misconduct fall outside the protective scope.
Courts continue to apply judicial precedents developed under CrPC to determine this connection.
Therefore, protection is conditional, not absolute.
Can a Trial Proceed Without Sanction?
If sanction is mandatory and not obtained, the court lacks jurisdiction to take cognizance. Any proceedings initiated without sanction are liable to be quashed.
However, sanction can be obtained at a later stage if the court has not yet taken cognizance.
This principle remains unchanged under BNSS.
Why Is Section 218 BNSS Important in Criminal Justice Reform?
Section 218 BNSS ensures that public servants can perform their duties fearlessly while remaining accountable under law. It prevents misuse of criminal law as a tool of intimidation.
At the same time, it does not shield criminal behavior unrelated to official functions.
This balance strengthens governance and justice.
Conclusion
Section 197 CrPC served as a vital safeguard for public servants against vexatious prosecution. Section 218 BNSS continues this protection with clarity and procedural discipline. While the criminal procedure framework has evolved, the principle remains the same. Honest officials are protected, but unlawful acts do not escape scrutiny. Section 218 BNSS thus preserves the delicate balance between administrative efficiency and criminal accountability.
