CRPC §196 → BNSS §217
Prosecution for offences against the State and for criminal conspiracy to commit such offence
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Comparison
196. 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 153A, 2[section 295A or sub-section
(1) of section 505] of the Indian Penal Code (45 of 1860), or (b) a criminal conspiracy to commit such offence, or (c) any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860), except with the previous sanction of the Central Government or of the State Government. 3[(1A) No Court shall take cognizance of— (a) any offence punishable under section 153B or sub-section
(2) or sub-section
(3) of section 505 of the Indian Penal Code (45 of 1860), 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.]
(2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit 4[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 195 apply, no such consent shall be necessary.
(3) The Central Government or the State Government may, before according sanction 5[under sub-section
(1) or sub-section (1A) and the District Magistrate may, before according sanction under sub-section (1A)] and the State Government or the District Magistrate may, before giving consent under sub-section (2), 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 155.
217.
(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: Procedure for witnesses in case of threatening, etc. Prosecution for offences against State and for criminal conspiracy to commit such offence. 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.
What changedAI-inferred
Prosecution for offences against State and for criminal conspiracy — BNSS 217 introduces 120-day timeline for sanction decision.
Old position
CrPC 196 is concerned with Prosecution for offences against the State and for criminal conspiracy to commit such offence. Prosecution for offences against the State and for criminal conspiracy to commit such offence
New position
BNSS 217 modifies the framework. Topic: against State and for conspiracy to offence.. No Court shall take cognizance of
BNSS 217 modifies CrPC 196. Prosecution for offences against State and for criminal conspiracy — BNSS 217 introduces 120-day timeline for sanction decision. BNSS 217 text: No Court shall take cognizance of— (a) any offence punishable under Chapter VII or under section 196, section 299 or...
Editorial deltaAI-indicated (source-linked)
BNSS 217 carries forward CrPC 196's sanction-required architecture for prosecutions for offences against the State and the related conspiracy and abetment carve-outs. The operative rule that no court shall take cognizance of these offences without the previous sanction of the Central or State Government is preserved character-identically. The visible textual changes are intra-corpus offence-list remaps: the chapter reference is updated from IPC Chapter VI to BNS Chapter VII, the named sections are remapped from IPC ss.153A, 295A, 505(1) to BNS ss.196, 299, 353(1), and the abetment cross-reference is remapped from IPC s.108A to BNS s.47. Sub-section (1A) and any further sub-sections are not fully in this extract.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 196 continues to apply. For matters from that date forward, BNSS 217 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 217 (against State and for conspiracy to offence.). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §196 → BNSS §217 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/196.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.