S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles
3 months, 1 week 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 can. This must be done in such a manner that both the aspects are taken care of viz., on one hand, the public servant is protected under Section 197 CrPC if the act complained of falls within his official duty and on the other, appropriate action be allowed to be taken if the act complained of is not done or purported to be done by the public servant in the discharge of his official duty. If in performing his official duty, the public servant acts in excess of his duty, the excess by itself will not be a sufficient ground to deprive the public servant from protection under Section 197 CrPC if it is found that there existed a reasonable connection between the act done and the performance of his official duty. In such circumstances, the acts committed must be considered dehors the duties which a public servant is required to discharge or perform On an application of the tests as aforesaid, if on facts, it is prima facie found that the act or omission for which the accused has been charged has a reasonable connection with the discharge of his official duty, the applicability of Section 197 CrPC cannot be denied.

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History of this topic

Sanction For Prosecution Of Public Servants – The Shift In The BNSS
1 month ago

Sanction For Prosecution Of Public Servants – The Shift In The BNSS

Live Law  

Public servants are treated under the law as a special category, with a view to protect them from frivolous, malicious and vexatious prosecutions. It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties.3 When a complaint filed under Section 200 of the Code clearly discloses that the act committed …

Offense Of Assaulting Public Servant Not Attracted Unless They Are Acting Lawfully Or Doing Duty Mandated By Law: J&K High Court
1 month, 1 week ago

Offense Of Assaulting Public Servant Not Attracted Unless They Are Acting Lawfully Or Doing Duty Mandated By Law: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that an offence under Section 353 RPC cannot be made out if the public servant is not acting lawfully or performing a duty imposed by law. A bench of Justice Javed Iqbal Wani explained, “… an act of a public servant which is very contrary of the duties of such …

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 …

Know The Law | Why Police Require Magistrate's Approval To Investigate Non-Cognizable Offences? Supreme Court Explains
2 months, 3 weeks ago

Know The Law | Why Police Require Magistrate's Approval To Investigate Non-Cognizable Offences? Supreme Court Explains

Live Law  

The Supreme Court stated that police could immediately investigate serious crimes classified as cognizable after receiving information. The Bench of Justices B. V. Nagarathna and Nongmeikapam Kotiswar Singh explained that when it comes to non-cognizable offences, our criminal justice system has put certain safeguards in place to keep the coercive power of police in check. It must be preceded by …

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 …

Complaint Within Meaning Of CrPC Is One Filed Before Judicial Magistrate & Not Executive Magistrate : Supreme Court
2 months, 3 weeks ago

Complaint Within Meaning Of CrPC Is One Filed Before Judicial Magistrate & Not Executive Magistrate : Supreme Court

Live Law  

The Supreme Court stated that a complaint within the meaning and scope of the Criminal Procedure Code is a complaint filed before a Judicial Magistrate and not an Executive Magistrate. The Court also placed its reliance on Gulam Abbas v. State of U.P., 1 SCC 71 which discussed the difference between a judicial and an executive magistrate, “Thus, a complaint …

Immunity for public servants not to shield the corrupt: SC
3 months, 1 week ago

Immunity for public servants not to shield the corrupt: SC

Hindustan Times  

The Supreme Court has outlined the scope of immunity granted to public servants, making it explicit that the requirement of prior sanction to prosecute them is “not a shield for corrupt practices” and that the immunity cannot be misused by public servants to camouflage illegal acts as duties performed under the colour of their office. “The object behind the enactment …

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
3 months, 2 weeks 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. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court
3 months, 2 weeks ago

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Live Law  

The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. The bench comprising Justices BV Nagarathna and N Kotiswar Singh heard the criminal appeal filed by one Gurmeet Kaur, a District Town Planner against the High Court's refusal to quash the criminal case …

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court
3 months, 2 weeks ago

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that Section 197 of the Code of Criminal Procedure provides protection not only for acts performed by public servants in the discharge of their official duties but also for those done in the purported discharge of such duties. Justice Sanjay Dhar, while quashing an order directing the registration of an …

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

Why is sanction for prosecution needed?
7 months ago

Why is sanction for prosecution needed?

The Hindu  

The story so far: The issue of granting sanction to prosecute a public servant has once again come to the fore, following Karnataka Governor Thawar Chand Gehlot’s approval to open an investigation against Chief Minister Siddaramaiah and to prosecute him in connection with alleged irregularities in the allotment of compensatory plots to his wife whose land had been lost to …

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
1 year, 2 months 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, 2 months 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 …

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court
1 year, 6 months ago

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court

Live Law  

The Jammu & Kashmir High Court on Tuesday held that a broad interpretation of the term "public servant" under Section 2 of the Prevention Of Corruption Act is essential to curb the growing menace of corruption in the society imparting public duty. On the other hand, Sr AAG Mohsin Qadri argued that the firm's proprietor and employee were, in fact, …

Is Resolution Professional A 'Public Servant' Under Prevention Of Corruption Act? Supreme Court To Examine
1 year, 8 months ago

Is Resolution Professional A 'Public Servant' Under Prevention Of Corruption Act? Supreme Court To Examine

Live Law  

The Supreme Court, on Wednesday, issued notice in a plea challenging the ruling of the Jharkhand High Court that a Resolution Professional will be considered a ‘public servant’ under Section 2 and Section 2 of the Prevention of Corruption Act, 1988. The High Court had opined that the RP performs ‘public duty’ within the meaning of Section 2 of the …

[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 …

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

[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 …

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 …

Magistrate Not Required To Record Statement Of Public Servant Who Filed Complaint Before Summoning Accused: Supreme Court
3 years, 7 months ago

Magistrate Not Required To Record Statement Of Public Servant Who Filed Complaint Before Summoning Accused: Supreme Court

Live Law  

The Supreme Court observed that a Magistrate is not required to record statement of a public servant who filed the complaint in discharge of his official duty before issuing summons to the accused resides outside the territorial jurisdiction.In this case, the Inspecting Officer filed complaint before the Judicial Magistrate, against a company, its managing director and others alleging offence. The …

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 …

[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, 3 months 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 …

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 …

Prosecution For Contempt Of Lawful Authority Of Public Servants And For Offences Against Public Justice And Offences Relating To Documents Given In Evidence
5 years, 9 months ago

Prosecution For Contempt Of Lawful Authority Of Public Servants And For Offences Against Public Justice And Offences Relating To Documents Given In Evidence

Live Law  

Offences pertaining to contempt of the lawful authority of public servants are dealt with under Sections 172 to 188 in Chapter X of the Indian Penal Code, 1860. In a case where the original Court has lodged a complaint before the appropriate Magistrate, just as in the case of a public servant acting under Section 195 Cr.P.C., the superior Court …

Sanction To Investigate Public Servant: When The Act Is Ex-facie Criminal, Approval Under Section 17A of PC Act Not Necessary, Rules Delhi HC
6 years, 2 months ago

Sanction To Investigate Public Servant: When The Act Is Ex-facie Criminal, Approval Under Section 17A of PC Act Not Necessary, Rules Delhi HC

Live Law  

Delhi High Court has recently ruled that when the act of a public servant is ex-facie criminal or constitutes an offence, prior approval of the Government as mandated under Section 17A of Prevention of Corruption Act would not be necessary.Justice Najmi Waziri was hearing petitions filed by CBI Officers Rakesh Asthana And Devender Kumar for quashing the FIR registered by …

Cop Informing Press About Any Alleged Crime Isn’t Relatable To Discharge Of Official Duties: MP HC Allows Prosecution Of Police Officer For Defamation [Read Order]
6 years, 10 months ago

Cop Informing Press About Any Alleged Crime Isn’t Relatable To Discharge Of Official Duties: MP HC Allows Prosecution Of Police Officer For Defamation [Read Order]

Live Law  

A DySP in the discharge of his duties as a police officer is neither required nor expected to inform any newspaper or media personnel about the commission of certain alleged crime which comes to his knowledge, the court said.Allowing prosecution of a police officer for defamation, the Madhya Pradesh High Court has observed that a police officer is neither required …

Cop Informing Press About Any Alleged Crime Isn’t Relatable To Discharge Of Official Duties: MP HC Allows Prosecution Of Police Officer For Defamation [Read Order]
6 years, 10 months ago

Cop Informing Press About Any Alleged Crime Isn’t Relatable To Discharge Of Official Duties: MP HC Allows Prosecution Of Police Officer For Defamation [Read Order]

Live Law  

A DySP in the discharge of his duties as a police officer is neither required nor expected to inform any newspaper or media personnel about the commission of certain alleged crime which comes to his knowledge, the court said.Allowing prosecution of a police officer for defamation, the Madhya Pradesh High Court has observed that a police officer is neither required …

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]
7 years ago

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]

Live Law  

In a significant development a two Judge Bench of the Supreme Court comprising Justices Chelameswar and Sanjay Kishan Kaul on Tuesday referred the question ‘whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973’. In …

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]
7 years ago

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]

Live Law  

In a significant development a two Judge Bench of the Supreme Court comprising Justices Chelameswar and Sanjay Kishan Kaul on Tuesday referred the question ‘whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973’. In …

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 …

Delhi HC to examine law on sanction to try govt officials in sexual offence cases
7 years, 10 months ago

Delhi HC to examine law on sanction to try govt officials in sexual offence cases

India TV News  

Delhi HC to examine law on sanction to try govt officials in sexual offence cases The Delhi High Court has agreed to examine the constitutional validity of a law that provides no prior sanction to try public servants in sexual offence cases. The Delhi High Court has agreed to examine the constitutional validity of a law that came into being …

Delhi HC to examine CrPC amendment on sanction to try govt officials in sexual offence cases
7 years, 10 months ago

Delhi HC to examine CrPC amendment on sanction to try govt officials in sexual offence cases

Firstpost  

A serving police official has filed a PIL challenging the law that no prior sanction is needed to prosecute a public servant in sexual offence cases. New Delhi: The Delhi High Court has agreed to examine the constitutional validity of a law that was enacted following the outcry over the December 2012 gangrape case and provides that no prior sanction …

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]
8 years, 2 months ago

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]

Live Law  

The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a …

Cops Entitled To Protection If Act Is Reasonable, Even If In Excess Of Duty: Bombay HC [Read Judgment]
8 years, 5 months ago

Cops Entitled To Protection If Act Is Reasonable, Even If In Excess Of Duty: Bombay HC [Read Judgment]

Live Law  

"It is true that, protection given under section 197 of the Code has certain limitations and is available only when the alleged act of the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act", said the Court. The Bombay High Court in Asif Yusuf Patel v. …

Cops Entitled To Protection If Act Is Reasonable, Even If In Excess Of Duty: Bombay HC [Read Judgment]
8 years, 5 months ago

Cops Entitled To Protection If Act Is Reasonable, Even If In Excess Of Duty: Bombay HC [Read Judgment]

Live Law  

"It is true that, protection given under section 197 of the Code has certain limitations and is available only when the alleged act of the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act", said the Court. The Bombay High Court in Asif Yusuf Patel v. …

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]
8 years, 11 months ago

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]

Live Law  

In a significant judgment, the Supreme Court in Devinder Singh & Ors vs. State of Punjab through CBI, has summarized the principles governing requirement of sanction to prosecute Government servants and held that the offence committed by the Government servants must be directly and reasonably connected with official duty to require sanction. There cannot be a universal rule to determine …

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]
8 years, 11 months ago

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]

Live Law  

In a significant judgment, the Supreme Court in Devinder Singh & Ors vs. State of Punjab through CBI, has summarized the principles governing requirement of sanction to prosecute Government servants and held that the offence committed by the Government servants must be directly and reasonably connected with official duty to require sanction. There cannot be a universal rule to determine …

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials
9 years, 4 months ago

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials

Live Law  

Since the allegations made against the Appellants in the final report filed by the respondent that the alleged offences were committed by them in discharge of their official duty, therefore, it was essential for the learned Special Judge to correctly decide as to whether the previous sanction from the Central Government under Section 197 of CrPC was required to be …

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials
9 years, 4 months ago

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials

Live Law  

Since the allegations made against the Appellants in the final report filed by the respondent that the alleged offences were committed by them in discharge of their official duty, therefore, it was essential for the learned Special Judge to correctly decide as to whether the previous sanction from the Central Government under Section 197 of CrPC was required to be …

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]
10 years, 3 months ago

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]

Live Law  

The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code.In the …

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]
10 years, 3 months ago

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]

Live Law  

The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code.In the …

Government sanction is mandatory to investigate a public servant, rules SC
11 years, 5 months ago

Government sanction is mandatory to investigate a public servant, rules SC

Live Law  

In a judgment having far reaching consequences, the Supreme Court held that a Magistrate cannot order investigation against a public servant in a corruption complaint if there is no sanction given by the government. A bench of Justices K S Radhakrishnan and A K Sikri said, "Once it is noticed that there was no previous sanction, the Magistrate cannot order …

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