Section 197 in The Code of Criminal Procedure, 1973
197. Prosecution of Judges and public servants.
(1) When any person ... with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of the President, with respect
Court held as under:
“Article 14 does not render Section 197 , Criminal Procedure Code ultra
vires as the discrimination is based upon a rational classification ... official duties the protection
contemplated by Section 197 of the Criminal Procedure Code will be
attracted. An offence may be entirely unconnected with the official
within the
meaning of section 197 Cr.P.C. In the matter of grant of sanction under
section 197 Cr.P.C., the offence alleged ... sanction under section 197 Cr.P.C. is a condition precedent
though the question as to applicability of section 197 may arise not
necessarily
import of Section 173
Cr.P.C. have been taken into consideration. It has been held
that intention behind Section 197 Cr.P.C ... under Section 197
Criminal Procedure Code should not be confused with the
scheme of trial under the Code of Criminal Procedure and the
stage
High Court under Sections 397/401
read with Section 482 Cr.P.C. for quashing the
cognizance taken and also the issue of
process ... covered by Section 197
Cr.P.C. and that the object and purpose
underlying Section 197 Cr.P.C. to afford
protection to public servant
official duties the protection
contemplated by S. 197 of the Criminal Procedure Code will be attracted.
An office may be entirely unconnected with the official ... P. (supra) and Harihar Prasad v.
State of Bihar[26], wherein it has been held that sanction under Section
197 , Criminal Procedure Code for prosecution
terms of Section 228 of the Code of Criminal Procedure,
1973 (in short the ' Cr.P.C .') primarily on the ground that
sanction ... into a
criminal conspiracy or to indulge in criminal
misconduct. Want of sanction under Section
197 of the Code of Criminal Procedure is,
therefore
requirement of sanction under Section 197 of Criminal Procedure Code, 1973 (in short 'the Cr.P.C .'), and has referred the questions ... Charge Special Criminal Criminal
No. accused Sheet case Revision Mics
No. number No. Application
registered under
before section 482
the Cr.P.C
Special
Judge
Cr.P.C. have been filed. The application under Section 156(3) of
Cr.P.C. should also be supported by an affidavit ... into a criminal conspiracy or to indulge in criminal misconduct. Want
of sanction Under Section 197 of the Code of Criminal Procedure is, therefore
with the sanction of
the Government. Section 197 Cr.P.C. provides:-
“197. Prosecution of Judges and public
servants.--(1) When any person ... Government, sanction under Section 197 Cr.P.C. was
not applicable. The appellant cannot claim
protection under Section 197 Cr.P.C
