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 …
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 …
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 …
![Manager Of A Nationalized Bank Though A Public Servant Can't Claim Protection U/S 197 CrPC: SC [Read Judgment]](https://www.livelaw.in/h-upload/2019/03/08/358931-justice-ashok-bhushan-and-justice-km-joseph.jpg)