Section 197 in The Code of Criminal Procedure, 1989 (1933 A. D.)
197. [ Prosecution of Judges and public servants. [Section 197 substituted by Act XXVII of 1957.]
(1)When any person who is Judge within the meaning of section 19 of the Ranbir Penal Code or when any Magistrate, or when any public Servant who is not removable from his office save by or with the sanction of the State Government or the Government of India, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duties, no Court shall take cognizance of such offence except with the previous sanction-(a)in the case of persons employed in connection with the affairs of the Union, of the Government of India ; and(b)in the case of persons employed in connection with the affairs of the State, of the Government.(2)The Government of India or the State Government, as the case may be, may determine the person by whom, the manner in which the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.]
