Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - It is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of S.197(1) Cr.P.C. - An act constituting an offence directly and reasonably connected with his official duty would require sanction for prosecution under..........
Criminal Procedure Code, 1973, Section 197(1), Indian Penal Code, 1860, Section 409, 467, 468, 471 -- Sanction for prosecution - Entrustment and missing of the entrusted items - Accused not entitled to the protective umbrella of S.197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197(2), 197(3) -- Sanction for prosecution - Notification dated 16.05.1980 - Cannot be held to beyond scope and/or power conferred on State Government u/S.197(3) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 197(2), 197(3) -- Sanction for prosecution - Previous sanction of offences alleged to have committed by Police Officers, while acting or purporting to act in discharge of his official duly is condition precedent...........
Criminal Procedure Code, 1973, Section 197(2), 197(3) -- Sanction for prosecution - State Government notification making 197(2) applicable to `officers and men' of Bihar Police Force - Sanction for prosecution thus, condition precedent to initiate proceedings against officers-i, charge of Government Rail Police Station - Complaint that occurrence had taken place at Railway..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - If the act or omission is done by performing the official duties and wrong decision has been taken with bona-fide intention or even through negligence, it will be treated as having reasonable connection with the performance of the official duties and sanction u/s 197 Cr.P.C. is..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal acts - Handwriting expert..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Police personnel - Allegation that false case u/ss 324, 34 IPC has been filed by police personnel/respondents against nephew and brother of petitioner - However, allegations made by petitioner against respondents do not inspire confidence - Inquiry report of ACP concluded that complaint of petitioner..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 304-A IPC - Medical negligence - Accused failed to provide official vehicle for shifting patient from primary Heath center to Hospital, whereas, he himself travelled in the vehicle for attending monthly meeting - It was an act or omission in discharge of official duty, as the accused..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have been committed by public servant..........
