Patna: The Government of Bihar has issued an important notification extending *protective legal safeguards under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to all Bihar Police personnel involved in maintaining public order. The move comes in the wake of a dramatic and widely publicised arrest attempt of a senior police officer, which highlighted procedural gaps in inter‑state law enforcement actions.
Signed by Joint Secretary Amlendu Kumar Singh, the notification from the home department’s police branch was circulated on Thursday to key authorities, including the registrar general of the Patna High Court, district magistrates, superintendents of police, and sub‑divisional officers for implementation.
What Section 218 of the BNSS Provides
Under the newly extended provision:
- Police officers accused of an offence while performing official duties—such as crowd control, law enforcement, or ensuring public safety—cannot face legal proceedings in a court of law without prior sanction from the Government of Bihar.
- This safeguard is similar to existing protections granted to armed forces personnel, which require central government approval before prosecution can proceed.
- The intent is to shield officers from false, vindictive, or politically motivated complaints, while ensuring serious and genuine cases are still subject to government oversight.
Officials noted that similar protections have already been adopted by several other Indian states to strengthen procedural fairness for law enforcement personnel.
High‑Profile Arrest Attempt Linked to Policy Change
The move to extend Section 218 protections followed an incident on February 23, when a team from the Andhra Pradesh Police, led by Vizianagaram Superintendent of Police A.R. Damodar, attempted to arrest senior IPS officer M Sunil Nayak at his official residence in Shastri Nagar, Patna.
At the time, Nayak was serving as Inspector General of Fire Services and Home in Bihar, but had previously been on inter‑cadre deputation in Andhra Pradesh as a DIG in the CID.
Background of the Case Against IG M Sunil Nayak
The arrest attempt stemmed from a 2021 custodial torture case involving K Raghurama Krishna Raju, a Member of Parliament at the time and currently Deputy Speaker of the Andhra Pradesh Assembly.
- The FIR was registered at Nagarampalem Police Station in Guntur district following Raju’s complaint.
- The allegations relate to torture during Raju’s detention under the regime of the YSR Congress Party.
- After a change in government in Andhra Pradesh in 2024, the case resurfaced and authorities sought to apprehend Nayak.
Court Rejects Arrest; Highlights Procedural Lapses
The Andhra Pradesh Police took Nayak to the Patna Civil Court seeking “transit remand” so they could take him to Andhra Pradesh in connection with the case.
However, the civil court rejected the request, citing multiple serious procedural errors:
- No advance notice was given to Bihar Police.
- A valid and properly served arrest warrant was not presented.
- Critical documents were only in Telugu and lacked Hindi or English translation.
- The required inter‑state arrest procedures were not followed.
As a result, the court ordered Nayak’s immediate release and granted him temporary protection from coercive action—including arrest—for 30 days.
Next Steps: Legal Challenge Expected from Andhra Pradesh Police
Following the judicial setback, Andhra Pradesh Police officials have stated they intend to challenge the civil court’s decision in higher courts.
Meanwhile, Bihar’s government notification applying Section 218 protections is expected to shape how inter‑state law enforcement interactions proceed in future cases involving police officers on duty.
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