Bihar Government Grants Legal Protection to Police Personnel Under BNSS
The government of Bihar has taken a significant step to protect its police force by issuing a formal notification that extends crucial legal safeguards to all personnel involved in maintaining public order. This move applies Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to Bihar Police officers, providing them with procedural protections previously available primarily to armed forces members.
Notification Details and Implementation
Through a notification from the home department's police branch issued on Thursday, the state government has formally applied Section 218 of the BNSS to all Bihar Police personnel engaged in public order maintenance. This protection applies regardless of rank or posting location across the state.
The notification, officially signed by Joint Secretary Amlendu Kumar Singh, has been circulated to key authorities including:
- The Registrar General of the Patna High Court
- All District Magistrates across Bihar
- Superintendents of Police in every district
- Sub-divisional officers throughout the state
These officials have received the notification for information dissemination and necessary implementation actions.
How the Protection Mechanism Works
Under the newly extended provision, when a police officer faces accusations related to official duties—including crowd control operations, law enforcement activities, or public safety measures—no court can initiate or proceed with legal proceedings without obtaining prior sanction from the Bihar government.
This procedural safeguard mirrors protections already established for armed forces personnel, where central government approval serves as a prerequisite for legal action. The primary objectives of this extension include:
- Preventing harassment through fabricated or politically motivated complaints
- Shielding officers from revenge-driven legal actions
- Maintaining government oversight to ensure genuine cases receive proper review and approval
Similar protective extensions have been implemented by various other state governments across India, creating a growing trend of enhanced legal safeguards for law enforcement personnel.
Context: The M Sunil Nayak Arrest Attempt
This protective measure arrives shortly after a dramatic inter-state arrest attempt involving senior Bihar-cadre IPS officer M Sunil Nayak, who currently serves as Inspector General of Fire Services and Home Guards in Bihar.
On February 23, a team from Andhra Pradesh Police, led by Vizianagaram Superintendent of Police AR Damodar, attempted to arrest Nayak from his official residence in Patna's Shastri Nagar area during early morning hours.
The arrest attempt originated from a 2021 case connected to alleged custodial torture of K Raghurama Krishna Raju—then a Member of Parliament and currently serving as Deputy Speaker of the Andhra Pradesh Legislative Assembly. The incident occurred during Raju's detention in Guntur district under the previous YSRCP government administration.
At the time of the alleged incident, Nayak was serving on inter-cadre deputation in Andhra Pradesh as Deputy Inspector General in the Criminal Investigation Department. Following the Telugu Desam Party's return to power in 2024, Raju filed a complaint leading to Nayak being named as an accused in an FIR registered at Nagarampalem police station in Guntur.
Court Proceedings and Legal Outcome
After the arrest attempt, Andhra Pradesh Police brought Nayak to Patna Civil Court seeking transit remand—legal permission to transport him to Andhra Pradesh for judicial proceedings. However, the court rejected this request, citing multiple procedural deficiencies in the arrest process under the BNSS framework.
The presiding judge identified several critical errors in the arrest execution:
- No advance notification provided to Bihar Police authorities
- Failure to present proper arrest warrants
- Incomplete documentation and paperwork
- Essential documents presented only in Telugu language without Hindi or English translations
The court further noted that proper inter-state arrest protocols had not been followed. Consequently, Nayak received immediate release from custody and obtained temporary protection against coercive actions, including arrest, for a period of thirty days. Andhra Pradesh Police have indicated intentions to challenge this decision in higher courts.
The Bihar government's notification represents a strategic response to recent legal challenges faced by police personnel, establishing a formal framework to protect officers from potentially malicious legal actions while maintaining accountability through government oversight mechanisms.
