Permission before prosecution: Bihar govt’s protective shield to officials on duty

The Bihar home department has issued an order requiring police officials to take prior permission from the government before prosecuting any on-duty police personnel

The Bihar home department has issued an order requiring police officials to take prior permission from the government before prosecuting any on-duty police personnel, wherever they are posted in the state.

Permission before prosecution: Bihar govt’s protective shield to officials on duty

The move is being described as “operational clarity and legal protection” at the administrative level. The home department has issued a notification in this regard. The notification is said to be related to the recent attempt by the Andhra Pradesh police to arrest a 2005 batch Bihar cadre IPS officer M Sunil Kumar Naik.

In the notification, issued by joint secretary Amlendu Kumar Singh, it is made clear that members of all classes and categories of Bihar Police, who have been entrusted with the charge of maintaining public order, wherever they are serving, will be subject to the provisions of sub-section (2) of section 218 of the BNSS 2023. “In place of the post of “Central Government” falling under this sub-section, the post of “State Government” shall be considered,” it says.

BNSS Section 218 (2) mandates government approval before initiating prosecution against police personnel for duty related work. This provision aims to prevent retaliatory complaints from obstructing police functioning. This rule, under section 218(2) of the BNSS, prevents retaliatory or arbitrary prosecution against on-duty police personnel from obstructing police functioning. “The notification is a step towards ensuring the safety and efficiency of police officers,” said a senior police official

On February 23, the Andhra Pradesh police team arrived at the official residence of IG of Bihar home guard and fire services Sunil Naik in Patna to arrest him in a case. He was later produced in the court, seeking transit remand but the Patna civil court refused it because the Andhra Pradesh police lacked an arrest warrant and an updated case diary. The case relates to Raghu Ramakrishna Raju, Deputy Speaker of the Andhra Pradesh Assembly and Undi MLA, who is the former YSR Congress Party (YSRCP) MP of Narsapuram. He was allegedly tortured in police custody in 2021 when the YSRCP was in power. Naik, who was on deputation as the DIG of the AP Crime Investigation Department (CID) at that time, is named as Accused No 7 in the case registered at the Nagarampalem police station in Guntur. After the change of government in 2024, Naik returned his parental cadre.

Section 218 (old CrPC 197) of the BNSS 2023 protects judges, magistrates and public servants from prosecution (prosecution) for acts done while discharging their official duties, without prior sanction of the government. This law acts as a protective shield against false or malicious prosecution.

“No court can take a case against a government official unless there is prior sanction from the government (Centre or state),” said the official, adding that a 120-day time limit has been prescribed for the approval process to prevent undue delay. However, if the case involves corruption or misuse of office, the law ensures that they can be prosecuted after investigation.