CrPC to BNSS
CrPC Section 197 in BNSS: Section 218
Section 197 of the Code of Criminal Procedure, 1973 (Prosecution of Judges and public servants) corresponds to Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Last updated 9 October 2026
CrPC 197 and BNSS 218 at a glance
| CrPC (old) | BNSS (new) | |
|---|---|---|
| Section | 197 | 218 |
| Heading | Prosecution of Judges and public servants | Prosecution of Judges and public servants |
| Mapping | Direct equivalent | |
What CrPC Section 197 covered
Bars a court from taking cognizance of an offence alleged to have been committed by a Judge, Magistrate or public servant while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Government.
What changed in BNSS Section 218
BNSS Section 218 adds a time limit: the Government is to decide a request for sanction within one hundred and twenty days of receiving it, failing which sanction is deemed to have been accorded. As before, no sanction is needed for specified sexual offences.
Which law applies: CrPC or BNSS?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
CrPC 197: common questions
What is the new section for CrPC 197?
CrPC Section 197 (Prosecution of Judges and public servants) corresponds to Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What changed between CrPC 197 and BNSS 218?
BNSS Section 218 adds a time limit: the Government is to decide a request for sanction within one hundred and twenty days of receiving it, failing which sanction is deemed to have been accorded. As before, no sanction is needed for specified sexual offences.
Does CrPC Section 197 still apply to older cases?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Related CrPC sections
- CrPC 190 to BNSS 210 · Cognizance
- CrPC 200 to BNSS 223 · Private complaint
- CrPC 202 to BNSS 225 · Inquiry before process
- CrPC 207 to BNSS 230 · Supply of documents
- CrPC 228 to BNSS 251 · Framing of charge
- CrPC 309 to BNSS 346 · Adjournments
- CrPC 313 to BNSS 351 · Examination of accused
- CrPC 320 to BNSS 359 · Compounding
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.