S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court
1 month, 1 week 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 sanctioning. 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 bench comprising Justice MM Sundresh and Justice Aravind Kumar heard a criminal appeal filed by the State of Telangana against the High Court's decision quashing criminal proceedings against the respondent, who had been charged under multiple sections of the Indian Penal Code, including Sections 420, 467, 468, 471, 120B, and Section 13 read with Section 13 and of the Prevention of Corruption Act, 1988. We are also in agreement with the submission made by learned senior counsel appearing for the appellant that there is no need for grant of sanction under Section 197 of IPC.” “In such view of the matter, we are inclined to set aside the impugned judgment insofar as quashment of charges against the respondents under Sections 420, 467, 468, 471 and 120B IPC alone is concerned.”, the court held.

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History of this topic

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles
1 month ago

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

Live Law  

In a recent decision, the Supreme Court summarised the principles relating to Section 197 of the Code of Criminal Procedure, which hold that public servants cannot be prosecuted in respect of acts done in the discharge of their official duties without sanction from the government.The judgment delivered by a bench comprising Justice JB Pardiwala and Justice Manoj Misra explained when …

No prior permission needed to prosecute cops who file false cases: Supreme Court
1 month ago

No prior permission needed to prosecute cops who file false cases: Supreme Court

India Today  

The Supreme Court on Friday said that prior sanction is not needed to prosecute police officers accused of lodging false cases or fabricating evidence. "When a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 CrPC was required since it can be no part of the official duty of …

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
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1 month ago

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law  

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court
1 month ago

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court

Live Law  

The Supreme Court clarified that an irregularity in obtaining sanction to prosecute a public servant under the Prevention of Corruption Act, 1988, does not justify an acquittal unless it causes prejudice to the accused. The appellant-CBI contended that despite noting that had proved the demand and acceptance of a bribe by the public servant and the defence failed to rebut …

S.197 CrPC Applies Only To Acts In Discharge Of Public Servant's Official Duties; Fabrication Of Documents Not Part Of Official Duty: Supreme Court
11 months, 4 weeks ago

S.197 CrPC Applies Only To Acts In Discharge Of Public Servant's Official Duties; Fabrication Of Documents Not Part Of Official Duty: Supreme Court

Live Law  

The Supreme Court on Wednesday, while deciding a criminal appeal, held that the prior sanction for prosecution as per Section 197 of the Code of Criminal Procedure is not required to prosecute a public servant for the act of creating fake documents as the alleged acts do not form a part of his official duty. In this case, the High …

Changes In BNSS To S.156(3) CrPC Power, Cognizance Of Complaints Against Public Servants, Sanction To Prosecute
1 year ago

Changes In BNSS To S.156(3) CrPC Power, Cognizance Of Complaints Against Public Servants, Sanction To Prosecute

Live Law  

A Opportunity of Hearing to Public Servant before taking cognizance on a complaint According to Section 223 of the BNSS, no cognizance can be taken by a magistrate on a complaint against a public servant for any offence alleged to have been committed in the discharge of official duties unless ttwin conditions are fulfilled. The bare text of Section 223 …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 2 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 …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months 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 …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
2 years, 11 months 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
2 years, 11 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, 1 month 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 …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 5 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 …

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment]
5 years, 1 month ago

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment]

Live Law  

The Supreme Court has observed that protection of sanction to public servants under Section 197 of the Code of Criminal Procedure is not available where the acts are performed using the office as a mere cloak for unlawful gains.The Court also observed that the protection of sanction under Section 19 of the Prevention of Corruption Act would not be available …

Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]
5 years, 3 months ago

Issue Of Invalidity Of Sanction To Be Raised During Trial, Not At Stage Of Discharge Application: SC [Read Judgment]

Live Law  

The Supreme Court has held that though the absence of sanction can be agitated during stage of discharge application, but the issue of invalidity of the sanction is to be raised during the trial.In this case, the Special Court as well as the High Court, while allowing the plea of discharge filed by the accused had held that the sanction …

Section 197 CrPC: Employees Of Public Sector Corporations Are Not Entitled To Protection Of Sanction As 'Public Servant': SC [Read Judgment]
5 years, 4 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 …

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