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 …
On Friday, conviction of former IAS Officer and former Chief Secretary of the State of Nagaland S.S. Ahluwalia under Section 417 IPC read with Section 415 IPC, Section 471 IPC read with 467 IPC and under Section 25 of the Arms Act was set aside by Sh. As per section 39 of the Arms Act, no prosecution can be instituted …
"Custodial death is one of the worst crimes in a civilised society governed by Rule of Law. The Supreme Court had commented about the 'ties of brotherhood' within police, which stall fruitful investigation in cases of custodial violence, as follows : ".rarely in cases of police torture or custodial death, direct ocular evidence of the complicity of the police personnel …