Section 197 CrPC Archives

Section 197(1) CrPC available only to public servants whose appointing authority is Central or State Government; Deputation does not dissolve public servant status: SC reiterates

In the matter at hand, the accused was an Executive Engineer, Municipal Corporation, Chandigarh, and caused wrongful loss in excess of Rs. 13.66 crore to the Government exchequer by changing the terms and conditions of the Detailed Notice Inviting Tender.

Case Briefs High Courts

S. 197 CrPC | Excess use of power by Customs officers to ‘extract truth’ is an act done in discharge of official duty: Rajasthan High Court

“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”

Case Briefs High Courts

Read why Allahabad HC set aside CJM’s order taking cognizance of criminal conspiracy against Development Officer and SP in Public Toilet Scam

“Merely because the accused persons were holding some office, they cannot be tried for commission of any offence without any specific allegation of commission of any act on their part make out the ingredients of the offence.”

Case Briefs High Courts

Sanction required under Section 197 CrPC for criminal complaint against Police Officer: Punjab and Haryana HC

It was contended on part of the State that since the complaint was filed by the Court itself, no sanction under Section 197 of CrPC was required.

Case Briefs Supreme Court

Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed

Case Briefs High Courts

All HC | Cognizance taken in a criminal case after taking extraneous material into consideration, is against the law and not sustainable

Allahabad High Court: Om Prakash-VII, J. allowed the application filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing

Case Briefs High Courts

Ori HC | Court should not take cognizance if the act complained of appears to have inseparable nexus with discharge of official duty

Orissa High Court: The Bench of Dr A. K. Mishra, J., allowed a petition filed to quash the order passed taking cognizance