7 months ago
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The Tamil Nadu authorities has issued a notification extending the provisions of Section 218(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to each members of the State constabulary force.
This would mean that authorisation from the authorities would beryllium required to prosecute constabulary unit of each ranks for immoderate offence allegedly committed by them portion discharge of duty.
Though a akin extortion existed to employees up to a definite fertile nether the erstwhile Criminal Procedure Code (CrPC), consequent orders extending it to each others issued a fewer decades agone could not beryllium traced, constabulary sources said.
Section 218(2) of BNSS states, “No tribunal shall instrumentality cognisance of immoderate offence alleged to person been committed by immoderate subordinate of the Armed Forces of the Union portion acting oregon purporting to enactment successful the discharge of his authoritative duty, but with the erstwhile authorisation of the Central Government.”
Latest notification
In an bid issued connected Wednesday (December 3, 2025), the State authorities said the provisions of Section 218(2) shall use “to each the classes and categories of constabulary unit of the Tamil Nadu Police charged with the attraction of nationalist order, wherever they whitethorn beryllium serving.”
The State invoked powers conferred nether Section 218(3) of BNSS, 2023, which states that the State authorities may, by notification, nonstop that the provisions of sub-section (2) shall use to specified people oregon class of the members of the forces charged with the attraction of nationalist order. The look “Central Government” occurring successful the proviso shall beryllium substituted with “State Government”.
On however the notification was antithetic from earlier rules, a elder constabulary serviceman successful the State Police office said, a akin extortion was successful unit nether the provisions of Section 197 of the past CrPC and orders issued subsequently.
While it was constricted to nationalist servants, wherever the authorities was the appointing authorization (up to the fertile of a Deputy Superintendent of Police), the extortion was extended to each different ranks by mode of orders oregon notifications issued astir 2 oregon 3 decades ago, which could not beryllium traced now.
The request to question authorisation of prosecution from the authorities for immoderate constabulary unit progressive successful the attraction of nationalist bid was required earlier too, and would proceed by mode of the notification issued connected Wednesday, helium said.
However, determination would beryllium nary alteration successful rules arsenic regards backstage cases and cases registered by the Directorate of Vigilance an Anti-Corruption booked nether the Prevention of Corruption Act, 1988, amended successful 2018, the serviceman said.
