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A police officer is accused under section 199 of the Bharatiya Nyaya Sanhita, 2023. The officer claims…

The third proviso to section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly exempts a public servant accused under section 199 of the Bharatiya Nyaya…

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A police officer is accused under section 199 of the Bharatiya Nyaya Sanhita, 2023. The officer claims that the alleged conduct took place in the discharge of official duty. What does section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 require before the court takes cognizance of this offence?

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Correct answer C

The third proviso to section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly exempts a public servant accused under section 199 of the Bharatiya Nyaya Sanhita, 2023 from the previous-sanction requirement in section 218(1).

An official-duty connection does not remove this express exception.

Option feedback

Option A

The statutory exception applies even if the alleged conduct is connected with official duty.

Option B

The exception can be applied to the identified charge at the cognizance stage.

Option C

The third proviso to section 218(1) expressly exempts a charge under section 199.

Option D

Section 218(1) does not condition cognizance of this charge on a departmental inquiry.

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