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
attract Section 197 of the Code have been established or
not. The question of applicability of Section 197 of the Code and the
consequential ouster ... exercise of official duties. Therefore, a case of
sanction under Section 197 Criminal Procedure Code has been prima facie
made out. Whether it was unjustified
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 ... Government as required under sub-
section (1) of Section 197 of the Code of Criminal Procedure
than the Magistrate would be required to decide
scope of Section 197 thus:
"Now it is obvious that if Section 197 of the Code of
Criminal Procedure is construed too narrowly ... engaged do not require this safeguard. It was argued
that Section 197 , Criminal Procedure Code vested an
absolutely arbitrary power in the government to grant
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has repealed and replaced the old Code of Criminal Procedure
refer to the
provisions of Section 197 of the Code of Criminal
procedure:-
" section 197: Prosecution of
Judges and Public Servants : (1)
when ... 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
this appeal is
whether in view of Section 197 of the Code of
Criminal Procedure, previous sanction of the
State Government was necessary for prosecuting ... State
Government the respondent No.2 enjoyed the
protection of Section 197 Cr.P.C. and that no
Court could take cognizance of the offence
Section 166-B,
Section 354, Section 354-A, Section 354-B, Section 354-C, Section 354-D,
Section 370, Section 375, Section 376, Section ... Bihar[26], wherein it has been held that sanction under Section
197 , Criminal Procedure Code for prosecution for an offence under Section
409 , Indian Penal
offences under Sections 406 and 409 read with Section 120-B
of IPC sanction under Section 197 of the Code is a condition
precedent ... into a
criminal conspiracy or to indulge in criminal
misconduct. Want of sanction under Section
197 of the Code of Criminal Procedure is,
therefore
