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 …
Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …
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 …