So it is unequivocal that, primarly, certain class of officers only are protected from criminal prosecution without there being a sanction from the Government concerned as envisaged in section 197(1)(a) and (b). Those are officers not removable from the service without the sanction of the Government. However sub-section (2) protects the Armed Forces of the Union, thereby the courts are fettered to take cogizance of offence committed by any member of such force, if comitted while acting or purporting to act in discharge of their official duty, without the previous sanction of the Central Government. Officers’ rank is irrelavant under section 197 (2). The State Governments are entitled to extent the operation of this special provision to such class or category of members of Forces charged with maintanance of public porder by way of promulgating a notification to this effect. Then the members of that class come under the catagory of officers covered under section 197 (2) of … [Read more...] about Bolstering Protection To Police From Prosecution- Has S.197 (1) Cr PC Become Meaningless By Notification U/S 197 (3) Thereof?
Prosecution sanction under section 197
If as per the Rules and Regulations governing the Government servant, a lower officer of the Government has been invested with the power to appoint or dismiss such Government servant, then it cannot be said that such Government Servant is removable by or with the sanction of the Government so as to necessitate a prosecution sanction under Section 197 Cr.P.C. Section 197 Cr.P.C. does not contemplate prosecution sanction by a delegated authority competent to remove the Government servant from office. When some lower authority is by law, or rule or order, empowered to remove a public servant from office, then such public servant cannot be said to be one removable by or with the sanction of the Government so as to necessitate prosecution sanction under section 197 Cr.P.C or section 19 of P.C. Act, 1988. (Vide Nirendra Natha Sarkar v. State of Assam (1985 Crl.L.J. NOC 21 (Gauhati); Sakuntala Bai v. Venkata Krishna Reddy – 1952 Crl.L.J.1295 (Madras); Pichai Pillai v. Balasundara Mudaly … [Read more...] about All You Need To Know About Prosecution Sanction [Part-I]
In the case of any member of the Armed Forces of the Union who is alleged to have committed an offence while acting or purporting to act in the discharge of his official duty, Section 197(2) Cr.P.C contains a ban on any Court taking cognizance of such offence without the previous sanction of the Central Government. Central Reserve Police Force falls within the expression “Armed Forces of the Union” under Section 197(2) Cr.P.C (vide Akhilesh Prasad v. U.T.Mizoram (1981) 2 SCC 150=AIR 1981 SC 806). Sanction to prosecute accorded by the appropriate Government under Section 132 Cr.P.C does not amount to sanction to take cognizance of offence under Section 197 Cr.P.C. (vide Ram Kumar v. State of Haryana (1987) 1 SCC 476= AIR 1987 SC 735). Section 197(3) Cr.P.C clothes the State Government with the power to direct that the provisions of Section 197(2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order wherever they may … [Read more...] about All You Need To Know About Prosecution Sanction [Part-II]
The court had earlier rejected the discharge pleas of Vanzara,former deputy inspector general of police in Gujarat, and Amin, who retired as superintendent of police, and asked the CBI to clear its stand on whether it wants to get sanction from the state government to prosecute them. … [Read more...] about Gujarat Govt Declined Sanction To Prosecute Vaanzara And Amin In Ishrat Jahan Case: CBI Tells Court
The Court was considering an appeal against the order of the High Court of Patna wherein the Court quashed the order of the First Class Judicial Magistrate taking cognizance of the complaint filed by the appellant against the respondent, Police Officer (SHO) for the offences punishable under sections 323, 341, 379 and 504 of IPC. … [Read more...] about Sanction Under Sec.197 CrPC Required Only If Offence Has Nexus With Duties Of Public Servant : SC [Read Judgment]