Criminal Prosecution Of Public Officials In India: Sanction, Immunity And Limits Of Accountability

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Neha, BA LLB, JIMS EMTC, GGSIPU

ABSTRACT

The provision of state immunity is given under section 218 of Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced section 197 of the Code of Criminal Procedure. It involves sanctions for the prosecution of a public servant who commits an offence during their official duty from appropriate government. It protects innocent public officials from malicious and false proceedings. This critically examines the provision of state immunity and accountability for misconduct and corruption. It also examines the misuse of powers, the delay in granting sanction and the addition of new provisions to resolve such problems. As there is a new addition in BNSS for delay proceedings, i.e. Deemed Sanction for providing timely justice. This paper involves scope, limitations and the need for sanction and immunity. It also includes various judgments that provide more understanding of the immunity provision. It includes constitutional principles like executive powers or the constitutional validity of state immunity.

Keywords: Sanction, frivolous, immunity, accountability, misconduct, deemed sanction, justice, judgments, executive powers, constitutional validity.

545. CRIMINAL PROSECUTION OF PUBLIC OFFICIALS IN INDIA- SANCTION, IMMUNITY AND LIMITS OF A

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