Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could comprehend, held as follows:- i) The prosecution case is not legally sustainable in view of the bar of limitation in taking cognizance of some of the offences and also for the reason that the trial court did not exercise its power of condoning the delay under Section 473 Cr.PC before taking cognizance.. ii) The prosecution should fail for want of prosecution sanction under Section 197 Cr.PC in relation to the offences under the IPC, namely, Sections 409, 465, 471 and 477-A because the power given to the Director of Employment to remove the appellant from his office is only as an agent or delegate of the Government and therefore the appellant must be deemed to be removable only by or with the sanction of the Government. on the ground that since he is a public servant not removable from office save by or with the sanction of the Government, sanction to prosecute him under Section 197 Cr.P.C. Mr. Justice J.B. Koshy after a detailed analysis of the legal provisions as well as the case law on the point held that the appointing authority of the accused was the Director of Employment and the accused was liable to be removed from his post also by the same officer under the Civil Services Rules and, therefore, the accused is not a public servant not removable from his office save by or with the sanction of the Government within the meaning of Section 197 Cr.P.C. If, committing the specified offences under the IPC is not part of the official duty of a public servant so as to warrant prosecution sanction under Section 197 Cr.P.C.

Law Kerala High Court Court Criminal Procedure Public Servants Prosecution Public Servant State Government Sanction Res Judicata State Ipc Public His Office Central Government Facts View Offences 3 Years Prosecution Sanction Servant Section 19 Vigilance Department Special Judge Ext Klt Such Public Servant Section 197 197 His Official Duty Section 197 Cr Section 409 Ipc That Sanction Vide State His Delegates Imprisonment Upto Such Government Servant George Vs  lay  prosecution  vs  kerala  george  court  servant  crpc  klt  offences  197  state  public  law  sanction  view

History of this topic

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
1 week, 6 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Live Law  

Supreme Court: S.156 CrPC v S.175 BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS. Kerala High Court: S.187 BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To …

Gurugram School Murder Case | Punjab & Haryana HC Sets Aside Order Declining Sanction To Prosecute SIT Members Accused Of Framing Bus Conductor
1 month, 3 weeks ago

Gurugram School Murder Case | Punjab & Haryana HC Sets Aside Order Declining Sanction To Prosecute SIT Members Accused Of Framing Bus Conductor

Live Law  

The Punjab & Haryana High Court has set aside an order refusing to grant sanction to prosecute the four members of the Special Investigation Team constituted by the Commissioner of Police, accused of framing a school bus conductor in the Gurugram school student murder case.In 2017, a 7-year-old boy was found dead in a school in Gurugram. The Punjab & …

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC
2 months, 2 weeks ago

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC

Live Law  

“ Section 197 of the Cr.PC and Section 218 of the BNSS are intended to operate as a safeguard against public servants from being dragged into vexatious proceedings for having discharged their official duties. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings while …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
2 months, 3 weeks ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
2 months, 3 weeks ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court
3 months, 2 weeks ago

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court

Live Law  

The Supreme Court recently held that once a sanction to prosecute a public servant has been denied, it cannot be granted again unless new material is presented to the competent authority justifying the subsequent sanction.“The subsequent sanction was given based on the same material, therefore, in the absence of any other contra material which weighed in the mind of the …

Supreme Court Monthly Round-up: November 2024
3 months, 3 weeks ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

SC ruling provides precedent as Chidambaram gets relief, Kejriwal seeks protection
4 months ago

SC ruling provides precedent as Chidambaram gets relief, Kejriwal seeks protection

Hindustan Times  

Senior Congress leader and former Union minister P Chidambaram on Wednesday succeeded in getting the trial proceedings against him in the Aircel-Maxis case stayed, while former Delhi chief minister Arvind Kejriwal moved the Delhi high court demanding a similar relief in the Delhi excise policy case -- developments that have put the spotlight on a November 6 Supreme Court ruling, …

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court
4 months, 2 weeks ago

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Live Law  

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In this case, the petitioners had approached the …

Now, Karnataka Governor seeks details of prosecution sanction given by Congress Government against officials facing corruption charges
6 months, 1 week ago

Now, Karnataka Governor seeks details of prosecution sanction given by Congress Government against officials facing corruption charges

The Hindu  

In the ongoing tiff between the Congress Government led by Siddaramaiah and the Raj Bhavan, the Governor Thaawarchand Gehlot has fired another salvo against the State Government by seeking details of prosecution sanction given by State Government against officials facing corruption charges since May 2023. In a communique to the Chief Secretary Shalini Rajaneesh on September 5, the Governor sought …

If an investigation indicts Siddaramaiah, Governor has to grant another sanction for his prosecution
7 months, 1 week ago

If an investigation indicts Siddaramaiah, Governor has to grant another sanction for his prosecution

The Hindu  

The sanction granted by Karnataka Governor Thaawarchand Gehlot paves the way for an investigation against Chief Minister Siddaramaiah under the provisions of the Prevention of Corruption Act, 1988, at present, and not for his prosecution under the Act. If any court has to take cognisance of the alleged offences, in case the conduct of investigation leads to the filing of …

How Karnataka Council of Ministers made a case for not granting sanction for prosecution
7 months, 3 weeks ago

How Karnataka Council of Ministers made a case for not granting sanction for prosecution

The Hindu  

The resolution passed by the Karnataka’s Council of Ministers on Thursday — advising Governor Taawarchand Gehlot to withdraw the show-cause notice issued to Chief Minister Siddaramaiah asking him why sanction for prosecution against him should not be given in the alleged irregularities in the distribution of sites by the Mysuru Urban Development Authority — says that the Governor has failed …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
10 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
1 year, 1 month ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 4 months ago

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC

Live Law  

While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON Ltd, seeking …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Supreme Court Criminal Digest February 2023
2 years ago

Supreme Court Criminal Digest February 2023

Live Law  

Code of Criminal Procedure 1973; Section 432 – Remission - In determining the entitlement of a convict for premature release, the policy of the State Government on the date of the conviction would have to be the determinative factor. Hitesh v. State of Gujarat, 2023 LiveLaw 72 Code of Criminal Procedure, 1973 - Prevention of Money-laundering Act, 2002; Section 46, …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
2 years, 1 month ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

Supreme Court Monthly Criminal Digest: December 2022
2 years, 2 months ago

Supreme Court Monthly Criminal Digest: December 2022

Live Law  

Code of Criminal Procedure 1973; Section 319 - Power has to be excercised before the conclusion of the trial, which means before the pronouncement of the judgment. Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw 1009 Code of Criminal Procedure 1973; Section 319 - Supreme Court Constitution Bench issues elaborate guidelines on the exercise of powers to summon additional …

Judicial Service Examination- Practice Questions on First Information Report
2 years, 3 months ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court
2 years, 5 months ago

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in the absence of any dishonest motive or intention on the part of public servant, criminal prosecution cannot be launched against him or her under the Prevention of Corruption Act. The bench comprising Justice Sanjay Dhar was hearing a petition challenging FIR for offence under Section 5 of the …

Got sanction to prosecute NCP's Anil Deshmukh in corruption case: CBI tells court
2 years, 5 months ago

Got sanction to prosecute NCP's Anil Deshmukh in corruption case: CBI tells court

India Today  

The Central Bureau of Investigation on Thursday told a special court in Mumbai that it has obtained the sanction from the Maharashtra government to prosecute Anil Deshmukh in a corruption case. The agency has filed an application before the trial court of Special CBI Judge SH Gwalani seeking leave to submit the sanction for prosecution. Deshmukh, former state home minister …

Court Closes Case Against BJP Leader Vijayvargiya as MP Govt Does Not Decide on Sanction for Prosecution for 17 Years
2 years, 6 months ago

Court Closes Case Against BJP Leader Vijayvargiya as MP Govt Does Not Decide on Sanction for Prosecution for 17 Years

News 18  

A special court here has closed a case against BJP general secretary Kailash Vijayvargiya in an alleged `pension scam’ at the Indore Municipal Corporation as the Madhya Pradesh government did not give sanction to prosecute him and others for 17 years. Judge Mukesh Nath for a special court for cases against MPs and MLAs ordered closure of the proceedings against …

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973

Live Law  

Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
3 years, 1 month ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice
3 years, 2 months ago

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice

Live Law  

The Delhi High Court has issued notice on a petition raising a question as to whether a sanction to prosecute an accused under Essential Commodities Act is required when such a person is not a public servant. Justice Subramonium Prasad issued notice on the petition assailing the orders passed by Chief Metropolitan Magistrate of the Karkardooma Courts whereby it was …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 3 months ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court
3 years, 5 months ago

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court

Live Law  

The Supreme Court observed that the validity of sanction order can also be raised in the course of trial.In this case, the petitioner's contention before the Apex Court was that the Trial Court has taken cognizance of the offence without there being valid sanction as per the provision of Section 19 of the Prevention of Corruption Act, 1988. The Supreme …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 6 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 8 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

"Have Taken Effective Steps For Early Disposal Of Criminal Cases Against MP/MLAs": UP Govt. Submits Before Allahabad High Court
3 years, 8 months ago

"Have Taken Effective Steps For Early Disposal Of Criminal Cases Against MP/MLAs": UP Govt. Submits Before Allahabad High Court

Live Law  

The Uttar Pradesh Government has submitted before the Allahabad High Court that it has taken effective steps have been taken for early disposal of criminal cases against Members of Parliament and Members of the Legislative Assembly. The Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh was hearing the instant writ petition filed seeking the following reliefs: Direct …

'Blemished Investigation With Political Maneuvering': Punjab & Haryana High Orders Re-Investigation In Kotkapura Firing Case
3 years, 11 months ago

'Blemished Investigation With Political Maneuvering': Punjab & Haryana High Orders Re-Investigation In Kotkapura Firing Case

Live Law  

Tearing into the "blemished" and "impartial" investigation conducted by former IGP of Punjab Police, Kunwar Vijay Pratap Singh, the Punjab and Haryana High Court has given a clean chit to former CM Parkash Singh Badal in the Kotkapura Firing Case. Findings In its order, the Single Judge observed that mere factum of a Chief Minister talking to the District Administration …

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
4 years, 2 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD …

Kerala HC Upholds Constitutional Validity Of Kerala State Commission For SC-STs Act [Read Judgment]
4 years, 5 months ago

Kerala HC Upholds Constitutional Validity Of Kerala State Commission For SC-STs Act [Read Judgment]

Live Law  

The Kerala High Court has upheld the constitutional validity of Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007.One lawyer, MP Chothy had approached the High Court contending that, as per the State List or the Concurrent List of Schedule V11 of the Constitution of India, the State is not vested with the powers to enact …

No Need To Seek Sanction For Prosecution For A Retired Public Servant: Allahabad HC [Read Judgment]
5 years, 4 months ago

No Need To Seek Sanction For Prosecution For A Retired Public Servant: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Monday held that no sanction for prosecution under the Prevention of Corruption Act, 1988, is necessary after the retirement of Public Servant. Justice Dinesh Kumar Singh-I refused the arguments raised by the Petitioner, Shyam Bihari Tiwari, a retired Principal of a government inter college, that he was covered by the definition of public servant and …

Section 197 CrPC: Employees Of Public Sector Corporations Are Not Entitled To Protection Of Sanction As 'Public Servant': SC [Read Judgment]
5 years, 7 months ago

Section 197 CrPC: Employees Of Public Sector Corporations Are Not Entitled To Protection Of Sanction As 'Public Servant': SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that those employees of public sector corporations are not entitled to the protection under Section 197 of the Code of Criminal Procedure, as 'public servant'.The bench comprising Justice Navin Sinha and Justice AS Bopanna were considering an appeal against rejecting the challenge to their prosecution for lack of sanction under Section 197 of the Code …

Manager Of A Nationalized Bank Though A Public Servant Can't Claim Protection U/S 197 CrPC: SC [Read Judgment]
5 years, 10 months ago

Manager Of A Nationalized Bank Though A Public Servant Can't Claim Protection U/S 197 CrPC: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a public servant working in a nationalized bank cannot claim benefit of Sanction under Section 197 of the Criminal Procedure Code. It was held in the said case that the section 197 CrPC is attracted only in cases where the public servant is such who is not removable from his office save by or …

Legal experts divided over who will grant sanction for prosecution
6 years, 1 month ago

Legal experts divided over who will grant sanction for prosecution

The Hindu  

The sedition case against former Jawaharlal Nehru University students’ union president Kanhaiya Kumar could turn into a power tussle between the Lieutenant-Governor and the Delhi government with legal experts divided over who has the power to grant prosecution sanction. It is the democratically elected government, which has the power to sanction.” Former Additional Solicitor General and senior Advocate Indira Jaising …

Kerala joins centre for SC/ST Act order review
6 years, 11 months ago

Kerala joins centre for SC/ST Act order review

Deccan Chronicle  

New Delhi: Kerala has joined the Centre in moving the Supreme Court seeking review and recall of the March 20 verdict diluting the provisions of SC/ST Atrocities Act by granting protection from arrest to the accused prior to a preliminary probe. In its petition, filed through advocate G. Prakaksh, seeking review of the verdict, Kerala said the verdict has gone …

Can't prosecute govt servants without sanction: Rajasthan brings law
7 years, 5 months ago

Can't prosecute govt servants without sanction: Rajasthan brings law

Deccan Chronicle  

Jaipur: The Vasundhara Raje government has passed an ordinance which seeks to protect both serving and former judges, magistrates and public servants in Rajasthan from being investigated for on-duty action without its prior sanction. The Criminal Laws Ordinance, 2017, promulgated on 7 September, “No magistrate shall order an investigation nor will any investigation be conducted against a person, who is …

SC Stays Bombay HC Judgment on Appointment Of Prosecutors [Read Petition And Order]
7 years, 5 months ago

SC Stays Bombay HC Judgment on Appointment Of Prosecutors [Read Petition And Order]

Live Law  

The Supreme Court on Wednesday stayed the Bombay High Court order directing the Maharashtra government to follow its 1997 rules for appointments of public prosecutors and additional public prosecutors for the districts by promoting assistant public prosecutors.The State of Maharashtra has filed appeal against the Judgment of Bombay High Court in Maharashtra State Public. The Supreme Court on Wednesday stayed …

Sanction to prosecute govt servants should come quicker, says Bombay High Court
7 years, 8 months ago

Sanction to prosecute govt servants should come quicker, says Bombay High Court

Firstpost  

The Bombay High Court on Monday asked the Maharashtra government to review the rule that gives it up to nine months to decide on granting sanction to prosecute a public servant and make the period shorter. Mumbai: The Bombay High Court on Monday asked the Maharashtra government to review the rule that gives it up to nine months to decide …

All You Need To Know About Prosecution Sanction [Part-II]
7 years, 9 months ago

All You Need To Know About Prosecution Sanction [Part-II]

Live Law  

E SECTION 197 Cr.P.C DISSECTED AND DISMANTLED Prosecution sanction either by the Central Government or by the State Government under Section 197 Cr.P.C is a condition precedent for taking cognizance of an offence by a criminal court against a Judge, Magistrate or public servant only if – 1he is removable from his office eitheri)by the Government,ORii) with. E SECTION 197 …

All You Need To Know About Prosecution Sanction [Part-I]
7 years, 9 months ago

All You Need To Know About Prosecution Sanction [Part-I]

Live Law  

A INTRODUCTION The object of Section 197 Cr.P.C is to save public servants from frivolous prosecution. C THE MEANING OF REMOVABLE FROM OFFICE BY OR WITH THE SANCTION OF THE GOVERNMENT If as per the Rules and Regulations governing the Government servant, a lower officer of the Government has been invested with the power to appoint or dismiss such Government …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Cap of 14 Years Rule on aggregate Punishment is not applicable to Sessions Court: SC Constitution Bench [Read Judgment]
8 years, 8 months ago

Cap of 14 Years Rule on aggregate Punishment is not applicable to Sessions Court: SC Constitution Bench [Read Judgment]

Live Law  

The Constitution Bench of Supreme of India Today has finally corrected the wrong interpretation given to Section 31 of Code of Criminal Procedure Code, by holding that the cap of 14 years Rule on aggregate punishment is not applicable to Sessions Court.The Bench comprising of Chief Justice TS Thakur and Justices FMI Kalifulla, A.K. The Constitution Bench of Supreme of …

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