Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where alleged act has a reasonable nexus with discharge of official duty, protection u/s 197 Cr.P.C. is attracted - Test is not whether the act was strictly lawful but whether it was performed in the course of official duty or had a reasonable connection with such duty - Even if the act is alleged to..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 451, 427, 147 -- Sanction for prosecution - Offence u/ss 323, 451, 427, 147 IPC - Petitioner acted under directions of Commissioner and proceeded in a bona fide manner while taking action regarding removal of encroachment - In such circumstances, acts complained of cannot be said to be wholly..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 152, 197(1)(d) -- Bail - Offence u/ss 152, 197(1)(d) BNS - Petitioner was arrested on 17.05.2025 and is in custody since then - Prosecution is yet to lead evidence to prove involvement of petitioner in crime - At this stage, nothing is to be recovered from petitioner and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 418, 467, 468, 197 -- Quashing of proceedings - Cheating - Appellant had no role to play in the transaction leading to FIR as he was not a signatory to sale certificate - Since appellant was neither authorized officer at the relevant time nor responsible for auction process or issuance..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Any action taken in good faith by government employee in discharging of duties or performing their duties in good faith and intended to be done in pursuance of law then no suit, prosecution or any other legal proceeding shall lie against State Government or any officer of Government or any other..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Petitioner being government employee was not acting in the course of his official duties at the time of alleged incident - There is thus, no requirement to seek prosecution sanction to proceed against petitioner in relation to these alleged offences - Petitioner cannot invoke protection of S.197..........
Indian Penal Code, 1860, Section 294(b), 465, 466, 474, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 227, 197 -- Offence u/Ss. 294(b), 465, 466, 474, 34 IPC and 3(1)(x) SC&ST Act - Framing of charges against Public servant - Necessary sanction provided u/s. 197 Cr.P.C not obtained -..........
Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute a public servant - Sanction u/s.197 Cr.P.C is necessary when the offences alleged against the public servant are committed by him while acting or purporting to act in the discharge of his official duty - Further, such act or omission for which the accused was charged should have a reasonable connection..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sine qua non for applicability of S.197 Cr.P.C is that offence charged must be committed by public servant either in his official capacity or under color of office held by him and that there is a direct or reasonable connection between the act and official duty...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act of applicants/police officials was not committed in their official capacity or under color of office held by them - There is no direct or reasonable connection between their act and their official duty - Merely because applicants are police officials, it would not provide any shield to applicants..........
