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Articles for Section 197 Crpc

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
23 hours, 18 minutes 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 …

Court Criminal Procedure Public Servants Sanction Public Act Pocso
Immunity for public servants not to shield the corrupt: SC
3 weeks, 3 days 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 …

Supreme Court Court Public Servants Official Fir Supreme Acts
S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles
3 weeks, 4 days 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 …

Justice Supreme Court Court Public Servants Duty Discharge Official
S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
3 weeks, 4 days 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 …

Supreme Court Court Public Servants Sanction Case Official Public
Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court
4 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 …

Court Public Servants Discharge Order Official Public Jammu
Officers Appointed To Assess Electricity Theft Are 'Public Servants', Court Can't Issue Process Against Them Without Sanction U/S 197 CrPC: Bombay HC
3 months, 3 weeks ago

Officers Appointed To Assess Electricity Theft Are 'Public Servants', Court Can't Issue Process Against Them Without Sanction U/S 197 CrPC: Bombay HC

Live Law  

The Aurangabad Bench of the Bombay High Court has observed that the officers appointed by a government authority to detect and assess theft of electricity under the Electricity Act, 2003 are 'public servants' under Section 169 of the Act and thus a previous sanction of a concerned authority as provided in Section 197 CrPC is necessary before issuing process against …

Court Theft Electricity Public Servants Sanction Order Process
Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
7 months, 2 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

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 …

Court Public Servant Order Judicial Ipc Sho Complainant
Supreme Court Weekly Round-Up [Aug 7-13]
1 year, 4 months ago

Supreme Court Weekly Round-Up [Aug 7-13]

Live Law  

Judgments/Orders Central Civil Service Rules | Retired Employee Can Be Appointed As Inquiry Authority In Disciplinary Proceedings: Supreme Court Case title: Union of India v. Jagdish Chandra Sethy Citation: 2023 LiveLaw 609 The Supreme Court recently held that the disciplinary authority under the Central Civil Service Rules is empowered to appoint a retired employee as an inquiry authority. Habeas Corpus …

India Justice Tamil Nadu Delhi Supreme Court Writ Petition Constitution
[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC
2 years, 2 months ago

[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC

Live Law  

Observing that closure of proceedings at an initial stage has not been appreciated, the Delhi High Court has said that even if it is found that the proceedings are vitiated in the absence of sanction under Section 197 CrPC, then court may direct the authority to take sanction and then proceed, instead of completely quashing the entire proceedings. Justice Yogesh …

Court Sanction Case Proceedings Act Taken Stage
Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC
2 years, 4 months ago

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC

Live Law  

The Delhi High Court has observed that there is no legal bar to always postpone the requirement of sanction at a later stage of proceedings. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance.Justice Purushaindra Kumar Kaurav observed:"….there is no …

Court Duty Sanction Discharge Accused Official Public
[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 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 …

Court Kerala High Court Sanction Discharge State Accused Official
"No Prosecution Qua The Offence Of Unlawful Possession Of Arms Without Previous Sanction From DM : Delhi CBI Court Acquits Former Chief Secretary Of Nagaland [Read Judgment]
4 years, 5 months ago

"No Prosecution Qua The Offence Of Unlawful Possession Of Arms Without Previous Sanction From DM : Delhi CBI Court Acquits Former Chief Secretary Of Nagaland [Read Judgment]

Live Law  

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 …

Delhi High Court Court Prosecution Trial Court Sanction Judge
Custodial Deaths : What Is The Procedure For Inquiry?
4 years, 6 months ago

Custodial Deaths : What Is The Procedure For Inquiry?

Live Law  

"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 …

Investigation Court States Public Servant Commission Fir Judicial Magistrate