News Muncher - searching for servant

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

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 …

Public Servants

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

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 …

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

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 …

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

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 …

Public Servant

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

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 …