Showing posts with label sec.197 of Cr.P.C.. Show all posts
Showing posts with label sec.197 of Cr.P.C.. Show all posts

19 June 2020

Sanction u/s.197 of CrPC, to prosecute a police officer, for act related to the discharge of official duty, is imperative

Law relating to saction for prosecuting police officers and its limitations


Held:
Sanction u/s.197 of CrPC, to prosecute a police officer, for act related to the discharge of official duty, is imperative;
But an offence committed entirely outside the scope of the duty of the police officer, would certainly not require sanction u/s.197 of CrPC.

68. Sanction of the Government, to prosecute a police officer, for any act related to the discharge of an official duty, is imperative to protect the police officer from facing harassive, retaliatory, revengeful and frivolous proceedings. The requirement of sanction from the government, to prosecute would give an upright police officer the confidence to discharge his official duties efficiently, without fear of vindictive retaliation by initiation of criminal action, from which he would be protected under Section 197 of the Code of Criminal Procedure, read with Section 170 of the Karnataka Police Act. At the same time, if the policeman has committed a wrong, which constitutes a criminal offence and renders him liable for prosecution, he can be prosecuted with sanction from the appropriate government.

Sanction u/s.197 of CrPC, to prosecute a police officer, for act related to the discharge of official duty, is imperative
69. Every offence committed by a police officer does not attract Section 197 of the Code of Criminal Procedure read with Section 170 of the Karnataka Police Act. The protection given under Section 197 of the Criminal Procedure Code read with Section 170 of the Karnataka Police Act has its limitations. The protection is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and official duty is not merely a cloak for the objectionable act.

17 May 2020

When sanction u/s.197 of Cr.P.C. is not needed to prosecute a public servant?

If the act or omission for which the accused is charged, had prima-facie reasonable connection with discharge of his duty, then it must be held to be official attracting applicability of Section 197 of Cr.P.C.


No-sanction-under-section-197-of-Cr.P.C.-is-needed-to-prosecute-public-servant- if-offence-has-no-nexus-with -his-official-duties
In the case of Baijnath vs. State of M.P., reported in AIR 1966 S.C. 220, it was held that it is the quality of the act that is important, and if it falls within the scope and range of his official duties the protection contemplated by Section 197 of the Code of Criminal Procedure will be attracted. In the case at hand, the alleged act of the accused-public servant of forging and fabricating documents, creating fake notifications to defraud the State Government and different public authorities for wrongful gain of his official duties cannot be said to have any nexus with discharge of his official duties. Hence, sanction under Section 197 of Cr.P.C. for launching the prosecution against him is held to be immaterial.
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