Section 4 in Rules Regarding Assistance to Government Servants in Criminal Cases Instituted by or Against Them, (1951)
4. Defence of Government servant
(1)When a Prosecution is instituted against a Government servant on account of an act done by him in official capacity, Government may, defray the expenses of his defence, provided his act was justified by law, or provided 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 76 to 79 of the Indian penal Code 1860, as adopted to the Rajasthan State.(2)When Government declines to defend a Government servant, he may, on his own responsibilities and at his own expense, 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)Procedure when section 197 of the Criminal procedure Code applies - When a prosecution instituted against a Government servant who is not removable from his office save by or with the sanction of Government or some high authority, as required by section 197 of Criminal Procedure Code, and such sanction has not been obtained, the Court should be requested to reject the complaint for want of sanction.
