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1 - 10 of 13 (0.16 seconds)Section 409 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 4 in The West Bengal Criminal Law Amendment (Special Courts) Act, 1949. [Entire Act]
Baijnath Gupta And Others vs The State Of Madhya Pradesh on 7 May, 1965
In Baijnath v. State of Madhya Pradesh, it was observed in agreement with earlier decisions that if the offence is unconnected with the official duty there can be no protection and only when it is either within the scope of and directly connected with the official duty or in excess of it that the protection is claimable.
Bhagwan Prasad Srivastava vs N. P. Misra on 20 April, 1970
In Bhagwan Prasad Srivastava v. N. P. Mishra, , the Court observed that the section should not be construed too narrowly or too widely and it was laid down that
"The narrow and pedantic construction may render it otiose for it is not part of an official duty -- and never can be - to commit an offence. In our view it is not the "duty" which requires examination so much as the "act" because the official act can be performed both in discharge of the official duty as well as in dereliction of it."
Ajit Kumar Palit vs State Of West Bengal on 7 November, 1962
8. I however propose to deal with the questions involved on merits. The first bone of contention is whether the sanction under Section 197 of Cr. P. C. is pre-requisite for prosecution before the Magistrate at Cooch Behar of public servant like the petitioner in the facts of the case. Mr. Mukherjee has contended that it is a necessary and essential condition for taking cognizance by a Court when the public servant has been accused of offence under Section 409/109 while acting or purporting to act in discharge of official duly. Reliance was placed on the decision in Ajit Kumar Palit v. State of West Bengal, in which the following observation was approved "......... talcing cognizance ............ occurs as soon as Magistrate, as such, applies his mind to the suspected commission of an offence". It was held
"Where the statute prescribes the materials on which alone the judicial mind shall operate before arty step is taken obviously statutory requirement must be fulfilled".
Section 197 in The Code of Criminal Procedure, 1973 [Entire Act]
Amrik Singh vs The State Of Pepsu on 28 February, 1955
In Amrik Singh v. State of Pepsu, it was held that only in respect of acts complained of which are directly concerned or integrally connected with the official duties, the sanction would be necessary.