From Crpc, 1973 To Bnss, 2023: A Comparative Study Of Prosecution Sanction And Statutory Safeguards For Senior Police Officers In Maharashtra

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Abstract

The transition from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has renewed the debate over the proper boundaries of prosecution sanction for public officials. Senior police officers in Maharashtra occupy positions requiring rapid operational decisions, supervisory responsibility and accountability for the use of coercive powers. This doctrinal and comparative paper examines section 197 CrPC and section 218 BNSS alongside the Maharashtra Police Act, 1951 and relevant judicial decisions. It argues that the principal substantive safeguard—the requirement of a reasonable connection between alleged conduct and official duty—survives the legislative transition, while the BNSS introduces a 120-day decision period and deemed sanction mechanism. The paper distinguishes immunity from a procedural condition governing cognizance, examines the implications of rank, appointing authority, police-specific protection and statutory limitation, and considers allegations of custodial violence, unlawful detention and abuse of investigative powers. It concludes that effective reform requires reasoned and transparent sanction decisions, faithful application of the duty-nexus test and careful coordination of central and Maharashtra-specific safeguards. Neither unrestricted immunity nor automatic criminalisation of operational policing adequately serves constitutional justice.

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How to Cite this Article

Mr. Nitin Pawar, *Dr. Kavita Lalchandani (2026). From Crpc, 1973 To Bnss, 2023: A Comparative Study Of Prosecution Sanction And Statutory Safeguards For Senior Police Officers In Maharashtra. RPPSS, 1(2), 21-27.

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