Section 218 of BNSS : Section 218: Prosecution of Judges and public servants.

Explanation using Example

Example 1:

Scenario: A District Magistrate is accused of accepting a bribe while performing his official duties.

Application of the Act:

1. The District Magistrate is a public servant not removable from his office without the sanction of the Government.
2. The alleged offence (accepting a bribe) was committed while he was acting in the discharge of his official duty.
3. According to Section 218(1), no court can take cognizance of this offence without the previous sanction of the State Government.
4. The State Government must decide on the sanction within 120 days of receiving the request. If it fails to do so, the sanction is deemed to have been granted.

Outcome: The court will wait for the State Government's sanction before proceeding with the case against the District Magistrate.

Example 2:

Scenario: A police officer is accused of using excessive force during a protest, resulting in serious injuries to a protester.

Application of the Act:

1. The police officer is a public servant and was acting in the discharge of his official duty.
2. According to Section 218(1)(b), the court requires the previous sanction of the State Government to take cognizance of the offence.
3. If the incident occurred during a per...

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