Section 217
Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version). No Court shall take cognizance of- (a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023;
(1) No Court shall take cognizance of- (a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence; or (c) any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except with the previous sanction of the Central Government or of the State Government.
(2) No Court shall take cognizance of- (a) any offence punishable under section 197 or sub-section (2) or sub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.
(3) No Court shall take cognizance of the offence of any criminal conspiracy punishable under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Procedure for witnesses in case of threatening, etc. Prosecution for offences against State and for criminal conspiracy to commit such offence. Il SoBJ2IK SE OKAY ELEKTRO S Provided that where the criminal conspiracy is one to which the provisions of section 215 apply, no such consent shall be necessary.
(4) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (2) and the District Magistrate may, before according sanction under sub-section (2) and the State Government or the District Magistrate may, before giving consent under sub-section (3), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 174. Prosecution of Judges and public servants.
Section 217, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) (Act 46 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 217
How do I find court cases under Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version)?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) 217, section 217 Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version), section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version), and has it changed?
Its own text turns on section 174, section 196, section 197, section 215, and on 4 further provisions, so none of them can safely be read on its own.
When was the Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) enacted?
Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) was enacted in 2023 as Act 46 of 2023. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/d7b9a7e1-0064-4074-9a44-ebbb9be30ca0.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa19b8d7-435c-4918-92c2-13c757b42df7/content). This page is not a substitute for legal advice.