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Articles for Section 197 Crpc, search results for hc

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 days, 1 hour 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
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, 4 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
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