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If the Alleged Act is Directly Related to the execution of Official Duty, Sanction under Section 197 of CrPC is required to Prosecute Public Servants: SC

Team SoOLEGAL 26 Jul 2021 4:28pm

If the Alleged Act is Directly Related to the execution of Official Duty, Sanction under Section 197 of CrPC is required to Prosecute Public Servants: SC

The Supreme Court stated that prosecuting public officials requires permission from competent authorities under Section 197 of the Code of Criminal Procedure if the accused is closely related to their official duties.According to the bench of Justices Sanjay Kishan Kaul and Hemant Gupta, the test is to determine whether the act of omission for which the accused was charged had a reasonable connection with the execution of his responsibilities.

The court observed while dismissing an appeal against a Rajasthan High Court Judgment in which the HC allowed a petition by an accused who was a public servant under Section 482 of the CrPC and held that sanction under Section 197 of CrPC was necessary. The prosecution claimed that the accused collaborated with his superiors to issue a forged lease. The complainant and the State challenged the High Court's decision, arguing that forging papers would not be deemed an act performed in the course of his official responsibilities, and thus the accused would not be protected under Section 197 of the CrPC.

The duty allocated to the public worker includes conspiring with his two superiors who were granted protection under Section 197 CrPC, according to the court. Neither the State nor the complaint challenged the protection provided to these two additional officials under Section 197 of the CrPC.



Tagged: Alleged Act   Section 197   Prosecute Public Servants   Supreme Court   Criminal Procedure code   Justice Sanjay Kishan Kaul   Justice Hemant Gupta   Rajasthan High Court  
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