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BNSS Section 217 - Prosecution for offences against the State and for criminal conspiracy to commit such offence

BNSS Section 217 - Prosecution for offences against the State and for criminal conspiracy to commit such offence

Description of BNSS Section 217 - Prosecution for offences against the State and for criminal conspiracy to commit such offence

  • (1) No Court shall take cognizance of—
    • (a) any offence punishable under Chapter VI or under section 194, section 297 or sub-section (1) of section 351 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 195 or sub-section (2) or sub-section (3) of section 351 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 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.
Offence Obstructing sale of property offered for sale by authority of a public servant.
Punishment Imprisonment for 1 month, or fine of 5000 rupees, or both.
Cognizance Non-cognizable
Bail Bailable
Triable Any Magistrate.