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 period when a Proclamation under Article 356 (President's Rule) was in force, the sanction must come from the Central Government instead of the State Government.
4. The State or Central 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 appropriate government's sanction before proceeding with the case against the police officer.

Example 3:

Scenario: An Army officer is accused of misconduct while on duty in a conflict zone.

Application of the Act:

1. The Army officer is a member of the Armed Forces of the Union.
2. According to Section 218(2), no court can take cognizance of the offence without the previous sanction of the Central Government.
3. The Central Government will review the case and decide whether to grant the sanction for prosecution.

Outcome: The court will wait for the Central Government's sanction before proceeding with the case against the Army officer.

Example 4:

Scenario: A member of the State Reserve Police Force is accused of wrongful detention during a period of civil unrest.

Application of the Act:

1. The member of the State Reserve Police Force is charged with maintaining public order.
2. According to Section 218(3), the State Government may direct that the provisions requiring sanction apply to this class of public servants.
3. If the State Government issues such a notification, the court will require the State Government's sanction to take cognizance of the offence.
4. If the incident occurred during a period when a Proclamation under Article 356 was in force, the sanction must come from the Central Government.

Outcome: The court will wait for the appropriate government's sanction before proceeding with the case against the member of the State Reserve Police Force.