Prosecution of Judges and public servants.

What this section does

No Court may take cognizance of an offence alleged to have been committed by a Judge, Magistrate, or non-removable public servant while acting or purporting to act in discharge of official duty, without prior sanction of the Central Government (for Union employees) or State Government (for State employees), subject to the Lokpal and Lokayuktas Act 2013. The Government must decide on the sanction request within 120 days, failing which sanction is deemed granted. No sanction is required for offences under specified BNS sections (including sexual offences under sections 64–79 and related provisions). Similar prior sanction of the Central Government is required for Armed Forces members, and the State Government may extend this requirement to forces maintaining public order.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Court · Judge · Magistrate · Public servant · Central Government · State Government · Armed Forces member · Commanding Officer

Time limit

120 days for Government to decide on sanction request; deemed granted if no decision within that period

Derived from CrPC s.197.