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
This Court held as under:
“Article 14 does not render Section 197 , Criminal Procedure Code ultra
vires as the discrimination is based upon a rational ... range of his official duties the protection
contemplated by Section 197 of the Criminal Procedure Code will be
attracted. An offence may be entirely unconnected
accused within the
meaning of section 197 Cr.P.C. In the matter of grant of sanction under
section 197 Cr.P.C., the offence ... that 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 ... sanction under Section 197
Criminal Procedure Code should not be confused with the
scheme of trial under the Code of Criminal Procedure and the
stage
view Section 197 Cr.P.C. has got no
manner of application in the present case. Under Section
197 Cr. P.C. sanction is required ... scope of Section 197 thus:
"Now it is obvious that if Section 197 of the Code of
Criminal Procedure is construed too narrowly
Section 197 of the Code of Criminal Procedure 1898,
hereinafter referred to as the old Criminal Procedure Code , which fell
for consideration in Matajog Dobey ... 197 of the Code
of Criminal Procedure 1973. The Code of Criminal Procedure , 1973
has repealed and replaced the old Code of Criminal Procedure
Clauses
(a) and (b) of sub-section (1) of Section 197 of the Code of
Criminal procedure. For the purpose of requirement of
sanction under ... servant after he would cease to hold public office.
Therefore, Section 197 Cr. P.C. was redrafted so as to given
protection to a public
moved the High Court under Sections 397/401
read with Section 482 Cr.P.C. for quashing the
cognizance taken and also the issue ... case was not covered by Section 197
Cr.P.C. and that the object and purpose
underlying Section 197 Cr.P.C. to afford
protection
Section 354-A, Section 354-B, Section 354-C, Section 354-D,
Section 370, Section 375, Section 376, Section 376-A, Section 376-C,
Section ... 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
discharge
in terms of Section 228 of the Code of Criminal Procedure,
1973 (in short the ' Cr.P.C .') primarily on the ground ... into a
criminal conspiracy or to indulge in criminal
misconduct. Want of sanction under Section
197 of the Code of Criminal Procedure is,
therefore
