Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XV: Conditions Requisite for Initiation of Proceedings
Section 217: Prosecution for offences against State and for criminal conspiracy to commit such offence
In plain words
Courts need prior government sanction to take cognizance of offences against the State and certain other offences.
- Offences against the State (Chapter VII of the Bharatiya Nyaya Sanhita, 2023), promoting enmity between groups (section 196), outraging religious feelings (section 299), certain public mischief statements, and conspiracy or abetment of these: sanction of the Central or State Government.
- Statements harmful to national integration (section 197) and certain other public mischief statements: sanction of the Central or State Government or the District Magistrate.
- Conspiracies to commit lesser offences (not punishable with death, imprisonment for life or two years or more): written consent of the State Government or District Magistrate.
- Before sanction, the government or District Magistrate can order a preliminary investigation by an Inspector or higher.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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:
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 217
No Supreme Court judgment in our database cites this section yet.