Patna: The govt of Bihar issued a notification extending protective provisions under Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to the Bihar Police personnel. This move provides procedural safeguards for police personnel involved in maintaining public order, similar to protections already available to armed forces personnel.This protection came close on the heels of a dramatic and high-profile arrest attempt involving senior Bihar-cadre IPS officer M Sunil Nayak, currently serving as inspector general (IG) of Fire Services and Home Guards in Bihar.Through a notification from the home department (police branch) on Thursday, the state applied Section 218 of the BNSS to all Bihar Police personnel involved in maintaining public order, regardless of their rank or where they are posted.The notification, signed by joint secretary Amlendu Kumar Singh, was sent to relevant authorities, including the registrar general of the Patna high court, district magistrates, superintendents of police, and sub-divisional officers, for information and necessary action.As per the provision, if a police officer is accused of an offence while performing official duties—such as crowd control, law enforcement, or ensuring public safety—no court can take up or start a case against them without first getting prior permission (called “sanction”) from the Bihar govt. This is similar to a safeguard already provided to armed forces members, where central govt approval is required.The aim is to prevent fake, revenge-driven, or politically-motivated complaints from harassing officers, while still allowing the govt to review and approve genuine cases. Similar extensions of these protections have been implemented in other states.Notably, on Feb 23, a team from Andhra Pradesh Police, led by Vizianagaram SP AR Damodar, attempted to arrest Nayak from his official residence in Patna’s Shastri Nagar area in the early morning hours.The attempt stemmed from a 2021 case linked to the alleged custodial torture of K Raghurama Krishna Raju—then a Member of Parliament and now deputy speaker of the Andhra Pradesh assembly—during his detention in Guntur district under the previous YSRCP regime. At that time, Nayak was on inter-cadre deputation in Andhra Pradesh, serving as DIG in the CID, and was named as an accused in an FIR registered at Nagarampalem police station in Guntur following a complaint by Raju after the TDP’s return to power in 2024.The AP Police took him to the Patna civil court to get “transit remand”— permission to take him along for the case. However, the court rejected the request. The judge pointed out several serious mistakes in how the arrest was carried out under the BNSS Act: No advance notice was given to Bihar Police, no proper arrest warrant was shown, paperwork was incomplete, and important documents were only in Telugu without any translation into Hindi or English.The court also said the inter-state arrest process was not followed correctly. As a result, Nayak was released immediately. The court also gave him temporary protection—no coercive action (like arrest) against him for the next 30 days. AP Police said they plan to challenge this decision in higher courts.
