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Articles for Section 197, search results for sanction

Immunity for public servants not to shield the corrupt: SC
1 week, 2 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
1 week, 3 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
1 week, 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
Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
1 week, 4 days ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Supreme Court Court Case Public Servant Criminal Trials Singh Adv
Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
Trending News
1 week, 4 days ago

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law  

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Supreme Court Court Case Public Adv Servant Criminal Trials
S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court
1 week, 6 days ago

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Live Law  

The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. The bench comprising Justices BV Nagarathna and N Kotiswar Singh heard the criminal appeal filed by one Gurmeet Kaur, a District Town Planner against the High Court's refusal to quash the criminal case …

Court Sanction Demolition Official Duties Official Duties Crpc
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, 1 week 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
S.197 CrPC Applies Only To Acts In Discharge Of Public Servant's Official Duties; Fabrication Of Documents Not Part Of Official Duty: Supreme Court
11 months, 1 week ago

S.197 CrPC Applies Only To Acts In Discharge Of Public Servant's Official Duties; Fabrication Of Documents Not Part Of Official Duty: Supreme Court

Live Law  

The Supreme Court on Wednesday, while deciding a criminal appeal, held that the prior sanction for prosecution as per Section 197 of the Code of Criminal Procedure is not required to prosecute a public servant for the act of creating fake documents as the alleged acts do not form a part of his official duty. In this case, the High …

Supreme Court Criminal Duty Official Public Official Duties Court Judgment
Uphaar Fire Tragedy: Supreme Court Quashes Proceedings Against Former IPS Officer Amod Kanth For Not Obtaining Sanction Under S 197 CrPC
1 year, 8 months ago

Uphaar Fire Tragedy: Supreme Court Quashes Proceedings Against Former IPS Officer Amod Kanth For Not Obtaining Sanction Under S 197 CrPC

Live Law  

The Supreme Court on Thursday ruled in favour of the ex IPS officer Amod Kumar Kanth in the connection with a case pertaining to the Uphaar fire tragedy which happened in 1996. The Court has set aside the Magistrate’s order taking cognisance of a complaint against Kanth, who allegedly did not take action against “extra seats” in the Uphaar theatre …

Court Sanction Cbi Singh Officer Exit Bench
'Court Does Not Find It Offensive': Orissa High Court On Veterinarian's Statement About Demand Of Indian Cow Meat Abroad
1 year, 11 months ago

'Court Does Not Find It Offensive': Orissa High Court On Veterinarian's Statement About Demand Of Indian Cow Meat Abroad

Live Law  

The Orissa High Court has upheld a magistrate's ruling wherein it was held that the then Chief District Veterinary Officer, Koraput had not committed any offence under Section 505 IPC by speaking about the demand of meat of Indian cows and bulls outside. The Sessions Court order was challenged before high court by Santanu Kumar Takri, who was accused of …

High Court Indian Speech Ipc Decision Court Order Offence
[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC
2 years, 1 month 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, 3 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
Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC
2 years, 6 months ago

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that when a government servant is accused of a criminal offence, there has to be a reasonable connection between the act concerned and the performance of his official duty for him to claim that there is need of sanction to prosecute under Section 197 of CrPC. Significantly, to address the contentions of the Applicant …

Assembly Court Public Servant State High Public Complainant
[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
Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 3 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Court Public Servants Sanction Order Accused Held Committee
Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 5 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

Supreme Court High Court Court Public Servants Duty Sanction Discharge
Protection Of Sanction U/s 197 CrPC Not Available For Public Servants Prosecuted U/s 48 Water Act: Supreme Court
3 years, 5 months ago

Protection Of Sanction U/s 197 CrPC Not Available For Public Servants Prosecuted U/s 48 Water Act: Supreme Court

Live Law  

In a judgment pronounced last week, the Supreme Court observed that protection of sanction under Section 197 of Code of Criminal Procedure is not available to public servants prosecuted under Section 48 the Water Act.The bench comprising Justices Uday Umesh Lalit and Ajay Rastogi, referring to previous judgments in V.C. In a judgment pronounced last week, the Supreme Court observed …

Karnataka Supreme Court Protection Court Water Pollution Public Servants
"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
Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]
4 years, 6 months ago

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the power under Section 482 of Code of Criminal Procedure can be exercised to quash criminal proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of court. If, on the face of the complaint, the act alleged appears to have a reasonable relationship with official duty, where …

Court Criminal Procedure Duty Sanction Power Criminal Proceedings Discharge