Public servant protection under section 175 4 bnss applies threshold investigation stage distinct post investigation sanction

The statutory safeguards under Section 175(4) BNSS operate at the threshold pre-investigation stage to shield public functionaries from vexatious or motivated criminal complaints concerning acts performed during official duties. This threshold protection exists independently of post-investigation sanction requirements under Section 218 BNSS or specific statutory exceptions that dispense with prior government sanction for sexual offences at the cognizance stage. Requiring a superior officer's report and affording an opportunity to explain before directing an investigation maintains a delicate balance between holding public officials accountable and preventing malicious prosecutions designed to harass officers performing public functions. (XXX v. State of Kerala & Ors. | 2026 INSC 88)