Section 84 in The Rajasthan Law And Judicial Department Manual, 1952
84. Defence of Government servants.
(1)When a prosecution is instituted against a Government servant on account of an act done by him in his official capacity, Government may defray the expenses of his defence, provided his act was justified by law, or provided that he believed himself after due care and attention to be justified by law in doing it. A pre-requisite for. Government's assistance is that the act of the Government servant must be either,(i)in strict accordance with law, or(ii)else be covered by any of the recognised exceptions enumerated in Sections 75 to 79 of the Indian Penal Code (45 of 1860).(2)When Government declines to defend a Government servant, he may, on his own responsibility and at his own expenses, take such measures as he considers necessary, provided that they will not interfere with the performance of his official duties. In such a case if the final decision is in favour of the Government servant. Government will ordinarily reimburse such expenses as it may consider to be reasonable.(3)When a prosecution is instituted against a Government servant who is not removable from his office save by or with the sanction of Government or some higher authority as required by Section 197 of the Code of Criminal Procedure, 1898 (V of 1898) and such sanction has not been obtained, the court should be requested to reject the complaint for want of the sanction.
