The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a procedural law that replaced the colonial-era Code of Criminal Procedure (CrPC), 1973, with the aim of modernizing the criminal justice system, speeding up trials, and making it more citizen-centric. The BNSS was enacted on December 25, 2023, alongside the Bharatiya Nyaya Sanhita (BNS), 2023 and the Bharatiya Sakshya Adhiniyam (BSA), 2023.
Section 218 of the BNSS deals with the Prosecution of Judges and public servants, which is a provision for sanction before a court can take cognizance of an offence. This section corresponds to Section 197 of the repealed CrPC.
Specifically, Section 218(3) of the BNSS is a key provision that allows a State Government to extend the protection of prior sanction to certain state forces. It states that the State Government may, by official notification, direct that the provisions of sub-section (2) shall apply to a specified class or category of the members of the Forces charged with the maintenance of public order. Sub-section (2) grants protection to members of the Armed Forces of the Union, requiring the Central Government's sanction before a court can take cognizance of an offence committed in the discharge of official duty. By applying sub-section (2) through sub-section (3), the State Government can grant similar protection to its own forces, with the State Government becoming the sanctioning authority instead of the Central Government. This mechanism was recently highlighted by the Supreme Court, which directed the States of Uttar Pradesh, Madhya Pradesh, and Rajasthan to consider using Section 218(3) to notify prosecution immunity for forest guards for bona fide actions taken against illegal miners. This extension of protection is intended to safeguard personnel like forest guards from malicious prosecution for actions taken in the line of duty.