Section 217 of BNSS : Section 217: Prosecution for offences against State and for criminal conspiracy to commit such offence.

Explanation using Example

Example 1:

Ravi, a resident of Delhi, is accused of being involved in a criminal conspiracy to commit an act of terrorism, which is punishable under Chapter VII of the Bharatiya Nyaya Sanhita, 2023. The police gather evidence and want to prosecute Ravi. However, before the court can take cognizance of the case, the police must obtain prior sanction from the Central Government or the State Government. Without this sanction, the court cannot proceed with the case against Ravi.

Example 2:

Priya, a government employee in Maharashtra, is accused of abetting an offence described in section 47 of the Bharatiya Nyaya Sanhita, 2023, which involves providing support to a criminal conspiracy. The local police conduct an investigation and gather sufficient evidence. Before the court can take cognizance of the offence, the police must obtain prior sanction from the State Government. If the State Government grants the sanction, the court can then proceed with the case against Priya.

Example 3:

Arjun, a businessman in Karnataka, is accused of being part of a criminal conspiracy to commit an offence punishable under section 197 of the Bharatiya Nyaya Sanhita, 2023. The police gather evidence and want to prosecute Arjun. However, before the court can take cognizance of the case, the police must obtain prior sanction from the Central Government, the State Government, or the District Magistrate. Without this sanction, the court cannot proceed with the case against Arjun.

Example 4:

Meera, a resident of Uttar Pradesh, is accused of being involved in a criminal conspiracy punishable under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, which is not punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or more. The police gather evidence and want to prosecute Meera. Before the court can take cognizance of the case, the police must obtain written consent from the State Government or the District Magistrate. If the consent is granted, the court can then proceed with the case against Meera.

Example 5:

The Central Government suspects that a group of individuals in Tamil Nadu is planning a criminal conspiracy to commit an offence punishable under sub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023. Before granting sanction for prosecution, the Central Government orders a preliminary investigation by a police officer of the rank of Inspector or above. The police officer conducts the investigation and submits a report. Based on the findings, the Central Government decides whether to grant the sanction for prosecution. If the sanction is granted, the court can then take cognizance of the case.