Prosecution for offences against State and for criminal conspiracy to commit such offence.
What this section does
No Court may take cognizance of offences against the State (Chapter VII of BNS) or under BNS sections 196, 299, or 353(1), or related conspiracies or abetments, without prior sanction of the Central or State Government. Offences under BNS sections 197 or 353(2)/(3) and related conspiracies additionally permit sanction by the District Magistrate. For criminal conspiracies under BNS section 61(2) not involving death, life imprisonment, or rigorous imprisonment of two years or more, written consent of the State Government or District Magistrate is required. Before granting sanction or consent, the government or District Magistrate may order a preliminary investigation by a police officer not below the rank of Inspector.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Central Government · State Government · District Magistrate · Police officer (Inspector rank or above)
Derived from CrPC s.196.
Read the official text
For the binding statutory text of BNSS Section 217, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 217 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.