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State of Maharashtra - Section

Section 197 in The Code of Criminal Procedure (Maharashtra Amendment) Act, 1981

197.

-A. Prosecution of Commissioner or Receiver appointed by Civil Court. - When any person who is a Commissioner or Receiver appointed by a Court under the provisions of the Code of Civil Procedure, 1908, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his functions as Commissioner or Receiver, no Court shall take cognizance of such offence, except with the previous sanction of the Court, which appointed such person as Commissioner or Receiver as the case may be.- See Maharashtra Act 60 of 1981, Section 2 (5.10.1981).Note. - On the recommendations of the Bombay High Court, the old Code of Criminal Procedure, 1898 had been amended in its application to the Maharashtra State and the new section 197-A was inserted. This gives protection to the persons appointed as Commissioners or Receivers by Civil Courts from vexations prosecution. The new Code of 1973 did not provide such provision, hence section 197-A was inserted as a new section.