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  • Guidelines on Section 218(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Prosecution of Judges, Magistrates and Public Servants

    Sunday, December 21, 2025

    Guidelines on Section 218(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Prosecution of Judges, Magistrates and Public Servants

    Government of Kerala

    NOTIFICATION

    Home (S) Department

    Published in Kerala Gazette Extra No. 4265 Dt. 19.12.2025 by G. O. (P) No. 105/2025/Home. Dated 16th December, 2025

     

    The Government of Kerala is pleased to notify the guidelines, which outlines the procedural steps to be followed for the requirement of prior government sanction for courts to take cognizance of offenses committed by Judges, Magistrates, or Public Servants in the discharge of their official duties under Section 218(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The guidelines under Section 218(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is attached herewith.

    By order of the Governor,

    BISHWANATH SINHA,

    Additional Chief Secretary to Government.

    Introduction

    Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 lays down the

    statutory framework governing the prosecution of Judges, Magistrates and certain categories of public servants in relation to acts committed while acting or purporting to act in the discharge of official duties. It provides that no court shall take cognizance of an offence allegedly committed by such persons without prior sanction of the competent Government. The section introduces a significant reform through the “deemed sanction” mechanism—where failure to issue an order within 120 days will automatically amount to grant of sanction. This provision replaces Section 197 of the Code of Criminal Procedure, 1973 and necessitates clear, uniform procedures across investigating agencies to ensure timely processing of sanction proposals.

     

    Legal Provisions

    Requirement of Prior Sanction:

    A court cannot take cognizance of an offence allegedly committed by a Judge, Magistrate, or a public servant—whose removal from office requires prior approval of

    the government—if the alleged act was committed while acting in the discharge of their official duties, unless otherwise provided under the Lokpal and Lokayuktas Act, 2013.

     

    Authority Granting Sanction:

    (a) If the person was employed by the Central Government at the time of the alleged offence, sanction must be obtained from the Central Government.

     

    (b) If the person was employed by a State Government, sanction must be obtained from the respective State Government.

     

    (c) If the alleged offence occurred during a period when the State was under President’s Rule (as per Article 356 of the Constitution), the Central Government becomes the competent authority to grant sanction.

     

    Deemed Sanction Clause:

    The Government must take a decision on the request for sanction within 120 days of receiving it. If no decision is made within this period, the sanction is deemed to have been granted, and prosecution can proceed.

     

    Cases where Sanction is not required

    (a) If the act in question was not committed in the discharge of official duties, then prior sanction is not required for prosecution. Legal protection applies only to acts carried out in an official capacity and strictly while performing official duties.

     

    (b) Prior sanction is not necessary if the public servant is accused of committing an offence under Sections 64, 65, 66, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, 143, 199, and 200 of the Bharatiya Nyaya Sanhita, 2023.

     

    Purpose

    This provision seeks to strike a balance between two objectives:

    (a) Protecting public servants from malicious, frivolous, or vexatious legal proceedings for actions undertaken in the course of their official duties.

    (b) Preventing undue delays in the prosecution process caused by bureaucratic inaction in granting or denying sanction.

     

    Scope

    The protection applies to judges and public servants accused of offences related to their official duties, provided their removal from office requires a government order. This protection is not available to all public servants. It covers only those who:

     

    (a) Qualify as a public servant under Section 2(28) of the Bharatiya Nyaya Sanhita (BNS), 2023, or as a judge under Section 2(16) of the Bharatiya Nyaya Sanhita (BNS), 2023; and

     

    (b) Cannot be removed from office without a government order.

     

    Procedure for Moving a Proposal for Sanction of Prosecution

    (a) Verification by the Investigating Officer:

    The Investigating Officer shall confirm whether the public servant concerned was

    in government service at the time of the alleged commission of the offence.

     

    (b) Collection of Supporting Documents:

    The Investigating Officer shall obtain or seize the attested copies or originals of the following documents:

    (1) Copy of the appointment letter or the first page of the service book.

    (2) Copy of the posting order and joining report relevant to the time of the alleged

    offence.

    (3) Copy of the current posting order and joining report.

    (4) Proof of date of birth and date of superannuation.

    (5) Any document that establishes entrustment or assignment of the duties related

    to the offence.

     

    (c) Submission of Sanction Proposal:

    The Investigating Officer shall forward the sanction proposal through the District Police Chief, along with the following documents:

     

    (1) Copy of the FIR.

    (2) Copy of the supervision note, if any.

    (3) A self-contained report detailing the findings of the investigation.

    (4) Clear description of issues and the prima facie case against the public servant.

    (5) Statements of key witnesses.

    (6) Copies of seizure lists and important documents related to the case.

    (7) Draft sanction order.

    (8) Original legal opinion from the Law Officer / Public Prosecutor / Additional

    Public Prosecutor.

     

    (d) Role of the District Police Chief:

    The District Police Chief shall forward the complete sanction proposal to the State Police Chief for scrutiny, legal vetting, and onward transmission to the competent authority in the government.

     

    (e) Role of the State Police Chief:

    (1) The State Police Chief may order a preliminary enquiry and seek a report from the superior officer of the public servant.

    (2) The concerned public servant may be asked to submit a representation regarding the alleged incident.

    (3) Upon receipt of the enquiry report and representation, legal opinion shall be obtained from the Law Officer of the Nodal Office.

    (4) If satisfied after reviewing the enquiry report, the public servant’s representation, and legal opinion, the State Police Chief may recommend the proposal for sanction to the competent authority.

     

    (f) Role of the Competent Authority:

    (1) Upon receiving the sanction proposal, the competent authority shall examine the matter in detail, taking into account all relevant documents and reports.

    (2) The competent authority may summon the Investigating Officer for a discussion on the case, if required.

    (3) After applying judicial mind, the competent authority shall pass an appropriate order—either granting or denying sanction—within 120 days from the date of receipt of the proposal.

    (g) Deemed Sanction:

    If the competent authority does not issue an order within 120 days from the date of receipt of the complete proposal, sanction shall be deemed to have been granted. This enables filing of charge sheet and cognizance by the competent court.

Latest Judgement

  • Constitution of India, Art. 20( 1) -- The expression 'law in force' refers to a law that is factually in operation at the time when the offence is committed, in contrast to a law 'deemed to be in force' due to the retrospective operation of a subsequently enacted law.
  • Constitution of India, Art. 19( 1)(a) -- Bharatiya Nyaya Sanhita 2023, Ss.196, 197( 1), 302, 299, 57 & 3( 5) -- The Offence under Section 196 is attracted when the words, either spoken or written, or by signs or visible representations, promote enmity between different groups, on the grounds of religion, race, place of birth, residence, language, caste or, community or any other ground.
  • Prevention of Corruption Act 1988, Ss. 19 & 13( 2) – In a case where an offence punishable under Section 13(2) of the PC Act is committed in furtherance of a criminal conspiracy, every conspirator who was party in actual commission of that offence is liable for trial not only for the conspiracy but also for the main offence. In such a case it is incorrect to try such a conspirator for criminal conspiracy alone leaving aside the offence under Section 13(2) of the PC Act.
  • Constitution of India Art. 226 – Circular Dt. 19.1.2025 – Projects to provide scholarships and allowances to physically and mentally challenged children – Implementation of -- Role and liabilities of officials -- Directions issued.
  • Practice and Procedure -- Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.
  • Penal Code 1860, S.302 -- Enmity is a double-edged weapon -- On one hand, it provides motive, on the other hand it also does not rule out the possibility of false implication.
  • Negotiable Instruments Act 1881, Ss.138 & 139 – Standard of proof to discharge evidential burden – Explained.
  • Hindu Marriage Act 1955, S. 13(1)(ia) – Cruelty – Divorce -- Compelling the wife to adopt his spiritual life causing emotional distress to her, amounts to mental cruelty.
  • Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, S. 14 -- Though the exercise of jurisdiction by the Magistrate under Section 14 of the SARFAESI Act does not involve any adjudication, the act of the Magistrate in passing orders in printed form by filling in necessary details in blank spaces cannot be justified under any circumstances.
  • Panchayat Raj Act 1994 (Kerala), S. 6( 3) -- Constitution of India, Art.243K( 4) & 243O -- As far as Section 6(3) of the Kerala Panchayat Raj Act and the amendments brought to the said provisions are concerned, the same is an enactment, that comes within the scope of Article 243K(4), and thus, the bar under Article 243O is clearly applicable.

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    The Kerala Epidemic Diseases Ordinance, 2021

  • 3 of 2021

    THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ORDINANCE, 2021

  • 2 of 2021

    THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021

  • 6 of 2021

    THE HOMOEOPATHY CENTRAL COUNCIL (AMENDMENT) ORDINANCE, 2021

  • 5 of 2021

    THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) ORDINANCE, 2021

  • Bill No. 1

    THE KERALA EPIDEMIC DISEASES BILL, 2021

  • 7 of 2021

    THE ESSENTIAL DEFENCE SERVICES ORDINANCE, 2021

  • 72 OF 2021

    KERALA EDUCATION (AMENDMENT) ORDINANCE, 2021

  • 71 of 2021

    Kerala Disaster and Public Health Emergency (Special Provisions) Ordinance, 2021

  • 56 of 2021

    THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT BILL, 2021(as introduced in loksabha)

  • 104 of 2021

    THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) BILL, 2021

  • Bill No. 116 of 2021

    THE TRIBUNALS REFORMS BILL, 2021

  • 115 of 2021

    THE GENERAL INSURANCE BUSINESS (NATIONALISATION) AMENDMENT BILL, 2021

  • 119 of 2021

    THE CENTRAL UNIVERSITIES (AMENDMENT) BILL, 2021

  • 124 of 2021

    THE CONSTITUTION (ONE HUNDRED AND TWENTY-SEVENTH AMENDMENT) BILL, 2021

  • 120 of 2021

    THE TAXATION LAWS (AMENDMENT) BILL, 2021

  • 78 OF 2021

    THE KERALA CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) AMENDMENT ORDINANCE, 2021

    legislation h

  • Notfn.No. 9042/Leg.B

    THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE WAQF BOARD) ORDINANCE, 2021 58 of 2021

    Legislation B

  • 29

    THE KERALA EDUCATION (AMENDMENT) BILL, 2021

  • Bill No. 31

    THE KERALA GENERAL SALES TAX (AMENDMENT) BILL, 2021

  • 3751/Leg.G1/2020/Law

    THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) (AMENDMENT) ORDINANCE, 2021 dated 2.7.2021

  • 85 OF 2021

    THE KERALA MICRO SMALL AND MEDIUM ENTERPRISES FACILITATION (AMENDMENT) ORDINANCE, 2021

  • 124 OF 2021

    THE KERALA MINERALS (VESTING OF RIGHTS) ORDINANCE, 2021

  • 138 OF 2021

    THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTION AS RESPECTS CERTAIN CORPORATIONS AND COMPANIES) AMENDMENT ORDINANCE, 2021

  • 39

    THE KERALA EDUCATION (AMENDMENT) BILL, 2021/BILL No. 39

  • 38

    THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT) BILL, 2021/Bill No. 38

  • 95 OF 2021

    THE KERALA SELF FINANCING COLLEGE TEACHING AND NON-TEACHING EMPLOYEES (APPOINTMENT AND CONDITIONS OF SERVICE) ORDINANCE, 2021

  • 47

    THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) AMENDMENT BILL, 2021

  • 58

    THE KERALA CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) BILL, 2021

  • 56

    THE KERALA GENERAL SALES TAX (AMENDMENT) BILL, 2021

  • 54

    THE UNIVERSITY LAWS (AMENDMENT) BILL, 2021

  • 70

    THE KERALA LABOUR WELFARE FUND (AMENDMENT) BILL, 2021

  • 65

    THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS (AMENDMENT) BILL, 2021

  • 64

    THE KERALA HEADLOAD WORKERS (AMENDMENT) BILL, 2021

  • 8 of 2021

    THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ORDINANCE, 2021

  • 51

    THE KERALA EMPLOYMENT GUARANTEE WORKERS' WELFARE FUND BILL, 2021

  • 44

    THE KERALA REPEALING AND SAVING BILL, 2021

  • 59

    THE KERALA MINERALS (VESTING OF RIGHTS) BILL, 2021

  • 66

    THE KERALA MICRO SMALL AND MEDIUM ENTERPRISES FACILITATION (AMENDMENT) BILL, 2021

  • 144 OF 2021

    THE KERALA PUBLIC HEALTH ORDINANCE, 2021

  • 140 OF 2021

    THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) AMENDMENT ORDINANCE, 2021

  • 142 OF 2021

    THE KERALA INDUSTRIAL SINGLE WINDOW CLEARANCE BOARDS AND INDUSTRIAL TOWNSHIP AREA DEVELOPMENT (AMENDMENT) ORDINANCE, 2021

  • 9 of 2021

    THE CENTRAL VIGILANCE COMMISSION (AMENDMENT) ORDINANCE, 2021

  • 151 of 2021

    Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2021

  • XLIII of 2021

    Mediation Act, 2021 

  • Bill No. 85

    THE KERALA LAND REFORMS (AMENDMENT) BILL, 2021

  • 2 OF 2022

    THE KERALA MARITIME BOARD (AMENDMENT) ORDINANCE, 2022

  • 3 OF 2022

    THE KERALA LOK AYUKTA (AMENDMENT) ORDINANCE, 2022

  • 21 of 2022

    Constitution (Scheduled Tribes) Order (Amendment)  Act, 2022

  • Bill No. 84

    THE KERALA AGRICULTURAL INCOME TAX (REPEAL) BILL, 2021

  • Bill No. 88

    THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT) BILL, 2022

  • Bill No. 91

    THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) AMENDMENT BILL, 2022

  • 6 OF 2022

    THE KERALA INDUSTRIAL SINGLE WINDOW CLEARANCE BOARDS AND INDUSTRIAL TOWNSHIP AREA DEVELOPMENT (AMENDMENT) ORDINANCE, 2022

    Law (Legislation-C) Department

  • 10 OF 2022

    THE KERALA LIVESTOCK AND POULTRY FEED AND MINERAL MIXTURE (REGULATION OF MANUFACTURE AND SALE ) ORDINANCE, 2022

    Law (Legislation-I)

  • 5 of 2022

    THE   KERALA LOCAL SELF GOVERNMENT COMMON SERVICE ORDINANCE, 2022

    legislation h

  • 9 of 2022

    THE KERALA MARITIME BOARD (AMENDMENT) ORDINANCE, 2022 (9 of 2022)

  • 12 OF 2022

    THE KERALA PUBLIC HEALTH ORDINANCE, 2022

  • 93 of 2022

    THE CRIMINAL PROCEDURE (IDENTIFICATION) BILL, 2022

  • 85

    Kerala Land Reforms (Amendment) Bill, 2021

  • bill no. 102

    The Kerala protection of River banks and regulation Removal of sand Act Amendment Bill,2022

  • 110

    THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT) BILL, 2022 - Bill No. 110

  • Bill No. 109

    THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) AMENDMENT BILL, 2022

  • 113

    THE KERALA CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) BILL, 2022

  • 123 of 2022

    THE FAMILY COURTS (AMENDMENT) BILL, 2022

  • 126

    The Kerala Document Writers.....Fund (Amendment) Bill, 2022

  • 111

    THE KERALA LIVESTOCK AND POULTRY..........SALE ) BILL, 2022

  • 127

    THE KERALA CO-OPERATIVE SOCIETIES (SECOND AMENDMENT) BILL

  • 128

    THE KERALA LIVESTOCK AND POULTRY ...... AND SALE ) BILL, 2022

  • 129

    Kerala Maritime Board (Amendment) Bill, 2022

  • 134

    THE KERALA INDUSTRIAL SINGLE WINDOW CLEARANCE BOARDS AND INDUSTRIAL TOWNSHIP AREA DEVELOPMENT (AMENDMENT) BILL, 2022

  • 7 of 2022

    Kerala Private Forest (Vesting and Assignment) Ordinance, 2022

  • 135

    The Kerala Public Enterprises (Selection and Recruitment) Board Bill, 2022

  • 133

    THE KERALA LOK AYUKTA (AMENDMENT) BILL, 2022

  • 136

    THE KERALA LOCAL SELF GOVERNMENT COMMON SERVICE BILL, 2022

  • 15 OF 2022

    THE KERALA PUBLIC HEALTH ORDINANCE, 2022

    Law (Legislation-H) Department

  • Bill No. 143

    THE SREE PANDARAVAKA LANDS (VESTING AND ENFRANCHISEMENT) AMENDMENT BILL, 2022

  • 142

    THE KERALA MOTOR TRANSPORT WORKERS' PAYMENT OF FAIR WAGES (AMENDMENT) BILL, 2022

  • 146

    Kerala Panchayat Raj Amendment Bill, 2022

  • 145

    Kerala Municipality Amendment Bill, 2022

  • 145

    Kerala Municipality (Amendment) Bill, 2022

  • 146

    THE KERALA PANCHAYAT RAJ (AMENDMENT) BILL, 2022

  • 148

    Non-Resident Indians' (Keralites) Commission Bill, 2022

  • 102

    THE KERALA PLANTATION TAX (REPEAL) BILL, 2021

  • 149

    The University Laws(Amendment)(No.2) Bill,2022

  • 137

    THE KERALA HIGH COURT.....RETIREMENT AGE) BILL, 2022

  • Bill No. 102

    Kerala Protection of River Banks and Regulation of Removal of Sand (Amendment) Bill, 2022

  • 153

    The Kerala General Sales Tax (Amendment)Bill,2022

  • 150

    THE UNIVERSITY LAWS (AMENDMENT) (No.3) BILL, 2022

  • 290 OF 2022

    Repealing and Amending Act, 2022

  • NOTIFICATION No. 448

    THE KERALA FINANCE BILL, 2023

  • Bill No. 162

    THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) AMENDMENT BILL, 2023

  • Bill No. 80 of 2023

    THE FOREST (CONSERVATION) AMENDMENT BILL, 2023

  • 1 of 2023

    THE KERALA HEALTHCARE SERVICE PERSONS AND HEALTHCARE SERVICE .......ORDINANCE, 2023

  • 2 OF 2023

    THE KERALA TAXATION LAWS (AMENDMENT) ORDINANCE, 2023

  • 167

    THE INDIAN PARTNERSHIP (KERALA AMENDMENT) BILL, 2023

  • 93 OF 2023

    Registration of Births and Deaths (Amendment) Act, 2023

  • 101 OF 2023

    Mines and Minerals (Development and Regulation) Amendment Bill, 2023

  • LIII OF 2023

    Press and Registration of Periodicals Act, 2023

  • 168

    The Kerala Building Tax (Amendment) Bill, 2023

  • Bill No. 169

    Kerala Healthcare Service Persons and Healthcare Service Institutions(Prevention of Violence and Damage to Property) Amendment Bill, 2023

  • Bill No. 164

    Abkari Amendment Bill, 2023

  • Bill No. 172

    Kerala Conservation of Paddy Land and Wetland Amendment Bill, 2023

  • Bill No. 113 of 2023

    THE DIGITAL PERSONAL DATA PROTECTION BILL, 2023

  • Bill No. 173

    THE KERALA GOVERNMENT LAND ASSIGNMENT (AMENDMENT) BILL, 2023

  • 374 of 2019

    THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS (AMENDMENT) BILL, 2019

  • 175

    Kerala Panchayat Raj (Amendment) Bill, 2023

  • 176

    Kerala Municipality (Amendment) Bill, 2023

  • Bill No. 124 OF 2023

    Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023

  • Bill No. 178

    THE CODE OF CRIMINAL PROCEDURE (KERALA SECOND AMENDMENT) BILL, 2023

  • 4 of 2023

    THE KERALA PANCHAYAT RAJ (AMENDMENT) ORDINANCE, 2023

  • 3 of 2023

    THE KERALA MUNICIPALITY (AMENDMENT) ORDINANCE, 2023

  • 100 of 2023

    JAMMU AND KASHMIR REORGANISATION (AMENDMENT) BILL, 2023

  • 172 of 2023

    THE JAMMU AND KASHMIR REORGANISATION (SECOND AMENDMENT) BILL, 2023

  • 175 of 2023

    Bharatiya Sakshya (Second) Adhiniyam, 2023

  • 174 of 2023

    BHARATIYA NAGARIK SURAKSHA (SECOND) SANHITA, 2023

  • 173 of 2023

    BHARATIYA NYAYA (SECOND) SANHITA, 2023

  • 194 OF 2023

    Telecommunications Bill, 2023

  • 190

    Kerala Public Service Commission (Additional Functions As Respects Certain Corporations And Companies) Amendment Bill, 2024

  • 188

    The Kerala Municipality (Amendment) Bill, 2024

  • XVIII OF 2024

    Water (Prevention and Control of Pollution) Amendment Act, 2024

  • 193

    THE KERALA FINANCE BILL, 2024

  • Bill No. 196

    Kerala Panchayat (Second Amendment) Bill, 2024

  • 200

    2024 ലെ കേരള നികുതി വസൂലാക്കൽ (ഭേദഗതി) ബിൽ 

  • 213

    Non Residents Keralites Welfare (Amendment) Bill, 2024

  • 230

    Kerala Industrial Infrastructure Development (Amendment) Bill, 2024

  • 107 of 2025

    Insolvency and Bankruptcy Code (Amendment) Act, 2025

  • Bill No. 281

    University Laws (Amendment) (No.3) Bill, 2025

  • Bill No. 274

    Kerala Panchayat Raj (Amendment) Bill, 2025

  • Bill No.277

    Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development (Amendment) Bill, 2025

  • 282

    University Laws (Amendment) (No.4) Bill, 2025

  • 280

    Kerala Right to Public Service Bill, 2025

  • 278

    Kerala Single Dwelling Place Protection Bill, 2025

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Government Order / Circular
  • 13402/J2/12/G

    Appointment and Deployment of Teachers in Aided ... read more... 10-Apr-2012

  • D2/7318/12/DPI

    Period of Probation of Officers in State Service ... read more... 03-Apr-2012

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