Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in English:
📜 Section 218: Prosecution of Judges, Magistrates, Public Servants, and Armed Forces Personnel
Section 218 of the BNSS, 2023, outlines the procedures and requirements for prosecuting judges, magistrates, public servants, and members of the armed forces in India. It establishes safeguards to ensure that such individuals are not subjected to frivolous or politically motivated prosecutions while performing their official duties.
🔹 Subsection (1): Prosecution of Judges, Magistrates, and Public Servants
This subsection states that no court shall take cognizance of any offence alleged to have been committed by a judge, magistrate, or public servant (who cannot be removed from office except with the sanction of the government) in the discharge of their official duties, except with the previous sanction of:
The Central Government, if the individual was employed in connection with the affairs of the Union;
The State Government, if the individual was employed in connection with the affairs of a State.
However, if the alleged offence was committed during a period when a Proclamation under Article 356 of the Constitution (President's Rule) was in force in a State, the Central Government's sanction is required.
The government must decide on the sanction within 120 days from the date of receiving the request. If no decision is made within this period, the sanction is deemed to have been granted\
Exceptions: No sanction is required for offences under certain sections of the Bharatiya Nyaya Sanhita (BNS), 2023, including sections related to unlawful assembly, rioting, and false statements
🔹 Subsection (2): Prosecution of Armed Forces Personnel
This subsection specifies that no court shall take cognizance of any offence alleged to have been committed by a member of the Armed Forces of the Union while acting in the discharge of their official duties, except with the previous sanction of the Central Government.
🔹 Subsection (3): Extension to State Forces
The State Government may, by notification, direct that the provisions of subsection (2) apply to certain classes or categories of state forces charged with maintaining public order. In such cases, the State Government's sanction is required for prosecution.
🔹 Subsection (4): Prosecution During President's Rule
During a period when President's Rule is in force in a State, no court shall take cognizance of any offence alleged to have been committed by a member of the forces charged with maintaining public order in that State, except with the previous sanction of the Central Government.
🔹 Subsection (5): Determination of Prosecution
The Central or State Government has the authority to determine
Who shall conduct the prosecution
The manner in which the prosecution shall be conducted
The specific offence(s) for which the prosecution is to be conducted;
The court before which the trial shall be held
⚖️ Significance
Protection from Arbitrary Prosecution: Ensures that judges, magistrates, public servants, and armed forces personnel are not subjected to arbitrary or politically motivated prosecutions
Accountability: Balances the need for accountability with the protection of individuals performing official duties.
Clarity in Procedures: Provides clear procedures for initiating prosecutions against individuals in sensitive positions.
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