Section 218. Prosecution of Judges and public servants
(1)
When any person who is or was a Judge or
Magistrate or a public servant not removable from his office save by or with the sanction of the Government
is accused of any offence alleged to have been committed by him while acting or purporting to act in the
discharge of his official duty, no Court shall take cognizance of such offence except with the previous
sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)—
Magistrate or a public servant not removable from his office save by or with the sanction of the Government
is accused of any offence alleged to have been committed by him while acting or purporting to act in the
discharge of his official duty, no Court shall take cognizance of such offence except with the previous
sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)—
(a)in the case of a person who is employed or, as the case may be, was at the time of commission
of the alleged offence employed, in connection with the affairs of the Union, of the Central
Government;
(b)in the case of a person who is employed or, as the case may be, was at the time of commission
of the alleged offence employed, in connection with the affairs of a State, of the State Government:
Provisowhere the alleged offence was committed by a person referred to in clause (b) during the
period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a
State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression
“Central Government” were substituted:
Provisosuch Government shall take a decision within a period of one hundred and twenty
days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall
be deemed to have been accorded by such Government:
Provisono sanction shall be required in case of a public servant accused of any offence
alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70,
section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or
section 200 of the Bharatiya Nyaya Sanhita, 2023.
(2)
No Court shall take cognizance of any offence alleged to have been committed by any member of
the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except
with the previous sanction of the Central Government.
the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except
with the previous sanction of the Central Government.
(3)
The State Government may, by notification, direct that the provisions of sub-section (2) shall apply
to such class or category of the members of the Forces charged with the maintenance of public order as
may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section
will apply as if for the expression "Central Government" occurring therein, the expression "State
Government" were substituted.
to such class or category of the members of the Forces charged with the maintenance of public order as
may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section
will apply as if for the expression "Central Government" occurring therein, the expression "State
Government" were substituted.
(4)
Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any
offence, alleged to have been committed by any member of the Forces charged with the maintenance of
public order in a State while acting or purporting to act in the discharge of his official duty during the period
while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except
with the previous sanction of the Central Government.
offence, alleged to have been committed by any member of the Forces charged with the maintenance of
public order in a State while acting or purporting to act in the discharge of his official duty during the period
while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except
with the previous sanction of the Central Government.
(5)
The Central Government or the State Government, may determine the person by whom, the manner
in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant
is to be conducted, and may specify the Court before which the trial is to be held.
in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant
is to be conducted, and may specify the Court before which the trial is to be held.