Which of the following provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with…
Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governs prosecution of judges and public servants. For a public servant removable only by or with government…
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Which of the following provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with prosecution sanction in the case of a public servant?
Answer and explanation
Correct answer A
Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governs prosecution of judges and public servants. For a public servant removable only by or with government sanction, the court generally needs previous sanction to take cognizance of an alleged offence committed in the discharge or purported discharge of official duty. The provision contains exceptions and deems sanction granted if the government does not decide within 120 days of receiving the request. Section 223 concerns examination of the complainant, section 254 concerns prosecution evidence in a Sessions trial, and section 274 concerns stating the accusation in a summons case.
Option feedback
Option A
Correct. Section 218 governs previous sanction for prosecution of covered judges, magistrates and public servants for conduct in the discharge or purported discharge of official duty, subject to its exceptions.
Option B
Incorrect. Section 223 governs examination of the complainant in a complaint case.
Option C
Incorrect. Section 254 governs prosecution evidence in a trial before a Court of Session.
Option D
Incorrect. Section 274 governs stating the substance of the accusation in a summons case before a Magistrate.
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