Side-by-Side Comparison

CrPC Section 197 vs BNSS Section 218

BNSS Section 218's 120-day deemed grant provision is the most significant anti-corruption reform in the BNSS's initiation chapter — ending the government's power to indefinitely block prosecution of its own servants by simply ignoring sanction requests.

What Changed?

Timeline: no deadline in CrPC Section 197 vs 120-day mandatory decision in BNSS Section 218.

Deemed grant: no equivalent in CrPC vs sanction deemed granted on government silence in BNSS.

Consultation: no CrPC requirement vs mandatory AG/AG consultation before decision in BNSS.

Substantive nexus test for official duty: unchanged — same in CrPC and BNSS.

The scope of 'public servant' protected: unchanged — same categories.

Verdict

"The deemed grant provision fundamentally changes the accountability calculus for governments protecting corrupt officials. Previously, refusing to process a sanction request was consequence-free; under BNSS, government silence for 120 days means prosecution proceeds. This could unlock hundreds of stalled corruption prosecutions."

Detailed Analysis

OLD LAW (IPC)

CrPC Section 197

Act of 1860

Section Data Pending

Details for this section are being updated.

PunishmentN/A

REFORM

NEW LAW (BNS)

BNSS Section 218

Act of 2024

Section Data Pending

Details for this section are being updated.

PunishmentN/A

1860

CrPC Section 197 Origin

2024

BNSS Section 218 Reform

Legal Implications

The practical effect of CrPC Section 197 was that governments could protect their servants indefinitely — by simply not processing sanction requests, they could freeze prosecutions permanently. Corruption cases involving senior officials frequently stalled for a decade or more waiting for sanction. BNSS Section 218's deemed grant provision is a legislative revolution: it converts government silence from a blocking mechanism into a grant. After 120 days of inaction, prosecution proceeds as if sanction was given. The substantive protection (nexus to official duty) remains — honest public servants still have the same protection for bona fide official acts; only the government's ability to indefinitely delay the process is removed.

Practical Scenarios

"Anti-corruption bureau files sanction request in January — government sits on it; under CrPC, prosecution blocked indefinitely; under BNSS 218, prosecution proceeds in May (120 days later with deemed grant)."

Expert Q&A

What is the most important change from CrPC 197 to BNSS 218?

The 120-day deemed grant provision — if the government doesn't decide on a prosecution sanction request within 120 days, sanction is deemed granted and prosecution can proceed. This eliminates the indefinite blocking power that governments used to protect corrupt officials.

Deepen Your Legal Knowledge

Explore more side-by-side comparisons of the Indian Law reforms 2024. Detailed analysis for lawyers, students, and legal practitioners.

Explore All Comparisons