Tamil Nadu Government Extends Legal Protection to Police Personnel
New Legal Framework for Police in Tamil Nadu
On Wednesday, the government of Tamil Nadu announced a new regulation that expands the protections under the Bharatiya Nagarik Suraksha Sanhita to police officers across all ranks. This means that prior government approval will now be required to initiate legal action against police personnel for actions taken while performing their duties.
This legal safeguard, which necessitates prior sanction, was previously available under Section 197 of the former Code of Criminal Procedure. However, it did not extend to officers ranked as inspectors and below.
Inspectors working in the intelligence and anti-terrorism unit known as the ‘Q’ Branch were the only exception, as they received similar protections through specific rules within the Tamil Nadu Police Discipline and Appeal framework.
In July 2024, the Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal Procedure, with Section 218 of the new law serving as the counterpart to Section 197.
This new legislation also provides protections for armed forces under sub-section 2 of Section 218 and includes various public servants under sub-section 1.
It is now the responsibility of state governments to decide whether to extend these protections to police members within their jurisdictions by implementing appropriate provisions.
According to the recent notification, Section 218(2) will apply to all categories of police personnel in Tamil Nadu tasked with maintaining public order, regardless of their specific assignments.