Explorer

Section 197 CrPC Does Not Extend Protective Cover To Every Omission Of Public Servant, Says SC

Supreme Court observed Section 197 of the Code of Criminal Procedure (CrPC), does not extend its protective cover to every act or omission of a public servant while in service.

The Supreme Court said on Wednesday Section 197 of the Code of Criminal Procedure (CrPC), which deals with prosecution of judges and public servants, does not extend its protective cover to every act or omission of a public servant while in service.

A bench of Justices Abhay S Oka and Ujjal Bhuyan said the shield is restricted to only those acts or omissions which are done by public servants in discharge of their official duties.

The bench referred to sub-section (1) of section 197 which says when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognisance of such offence except with the previous sanction of the competent authority.

The apex court set aside an order of the Karnataka High Court which had quashed a criminal complaint and a charge sheet filed against a government official.It said the ambit, scope and effect of section 197 of CrPC has received considerable attention of the top court.It is not necessary to advert to and dilate on all such decisions. Suffice it to say that the object of such sanction for prosecution is to protect a public servant discharging official duties and functions from undue harassment by initiation of frivolous criminal proceedings, the bench said.

The bench, while referring to some previous verdicts of the apex court, noted, Thus, this court has been consistent in holding that section 197 CrPC does not extend its protective cover to every act or omission of a public servant while in service. It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties.

 It delivered its verdict on an appeal filed by the complainant challenging the November 2020 order of the high court which had held that since sanction to prosecute the accused, who was working as a village accountant, was denied, his prosecution for criminal offences cannot continue.The high court had quashed the complaint as well as the charge sheet filed in the case.  

    The complainant had lodged an FIR in December 2016 alleging that the public servant, along with others, was creating property documents in the name of people who had died despite knowing that those were forged for illegal gain.

 The police had later filed a charge sheet against three people.The question whether respondent no.2 (accused) was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial. Certainly, a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant, the bench said.

While setting aside the order, the apex court said the high court had erred in quashing the complaint as well as the charge sheet in its entirety. The high court had passed the order on a plea by the public servant seeking quashing of the complaint and the charge sheet.  

 It had noted that as per the prosecution, the offences he was accused of were committed while discharging his duties as a public servant. 

(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)

View More
Advertisement

IPL Auction 2025

Most Expensive Players In The Squad
Virat Kohli
₹21 CR
Josh Hazlewood
₹12.50 CR
Rajat Patidar
₹11 CR
View all
Most Expensive Players In The Squad
Rishabh Pant
₹27 CR
Nicholas Pooran
₹21 CR
Ravi Bishnoi
₹11 CR
View all
Most Expensive Players In The Squad
Jasprit Bumrah
₹18 CR
Suryakumar Yadav
₹16.35 CR
Hardik Pandya
₹16.35 CR
View all
Most Expensive Players In The Squad
Heinrich Klaasen
₹23 CR
Pat Cummins
₹18 CR
Abhishek Sharma
₹14 CR
View all
Most Expensive Players In The Squad
Ruturaj Gaikwad
₹18 CR
Ravindra Jadeja
₹18 CR
Matheesha Pathirana
₹13 CR
View all
Most Expensive Players In The Squad
Shreyas Iyer
₹26.75 CR
Arshdeep Singh
₹18 CR
Yuzvendra Chahal
₹18 CR
View all
Most Expensive Players In The Squad
Sanju Samson
₹18 CR
Yashaswi Jaiswal
₹18 CR
Riyan Parag
₹14 CR
View all
Most Expensive Players In The Squad
Venkatesh Iyer
₹23.75 CR
Rinku Singh
₹13 CR
Varun Chakaravarthy
₹12 CR
View all
Most Expensive Players In The Squad
Rashid Khan
₹18 CR
Shubman Gill
₹16.50 CR
Jos Buttler
₹15.75 CR
View all
Most Expensive Players In The Squad
Axar Patel
₹16.50 CR
KL Rahul
₹14 CR
Kuldeep Yadav
₹13.25 CR
View all
Advertisement
25°C
New Delhi
Rain: 100mm
Humidity: 97%
Wind: WNW 47km/h
See Today's Weather
powered by
Accu Weather
Advertisement

Top Headlines

Sambhal Violence: Mosque Committee Head Zafar Ali Arrested, Akhilesh Meets Speaker Over FIR On SP MP Barq
Sambhal Violence: Mosque Committee Head Zafar Ali Arrested, Akhilesh Meets Speaker Over FIR On SP MP Barq
Supreme Court Directs CAQM To Consider Re-Opening Schools, GRAP-IV To Continue In Delhi
SC Directs CAQM To Consider Re-Opening Schools, GRAP-IV To Continue In Delhi
DUSU Elections: NSUI Wins President, Joint Secretary Posts; ABVP Secures VP, Secretary Roles In Tight Contest
DUSU Elections: NSUI Wins President, Joint Secretary Posts; ABVP Secures VP, Secretary Roles In Tight Contest
Bangladesh: Hindu Seer Spearheading Minority Rights Campaign Taken Into Custody By Dhaka Police
Bangladesh: Hindu Seer Spearheading Minority Rights Campaign Taken Into Custody By Dhaka Police
Advertisement
ABP Premium

Videos

FIR Filed Against Sambhal MP Ziaur Rahman, Statement Released Amidst ControversyFIR Filed Against Sambhal MP Ziaur Rahman and Local MLA's Son in Controversial CaseSambhal Violence Sparks Political Firestorm, Congress MP Imran Masood's Strong Remarks | ABP NewsBreaking News: SP Leader Ram Gopal Yadav Reacts to Sambhal Violence | ABP News

Photo Gallery

Embed widget