• Sanction u/s 197 of CrPC

1.Criminal proceedings challenged on the ground that the accused being public servant was entitled to protection u/s 197 of the Cr.PC. No documents marked or witnesses examined at that stage. Trial court dismissed the petition basing its order only on the allegations in the charge sheet.
2. The case is now at the stage of recording statements u/s 313 of the Cr.PC, all the exhibits marked and witnesses examined. All the allegation stand negatived by the prosecution evidence itself.
3. Query: can the question of Sanction u/s 197 be again agitated in the light of the facts thrown up in the prosecution evidence. Would need case law in support in case the answer to the query is in positive
Asked 6 years ago in Criminal Law
Religion: Hindu

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10 Answers

Hello,

It will be better if you challenge the proceedings before the HC under section 482 of the CRPC.

Get in touch with a good lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

if the offence alleged is of the nature that the accuesd has committed an offence while acting in official capacity then the sanction is necessary to prosecute if no sanction taken the issue can be again taken up before the high court through a quashing or an appeal on order of magistrate court can be filed.

The Prosecution may be quashed if there is no proper sanction for prosecution please refer the link below:

http://www.livelaw.in/sanction-referring-complaint-public-servantfor-investigation-s-1563-crpc-anil-kumars-case-201310-scc-705-per-incurium-need-not-followed/

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Below are two citation cases on Section 197 of crpc

1) Delhi District Court

Case No. 197/12 J & K Bank vs . Ganga Deen 1 Of 20 on 3 April, 2014

2) Karnataka High Court

Sudhir Kumar vs G. Lakshman on 7 July, 2005

Equivalent citations: 2005 CriLJ 4173, ILR 2005 KAR 4191

Author: M S Goudar

Bench: M S Goudar

ORDER Mohan Shantana Goudar, J.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hi

1) Sanction u/s Section 197 Cr.P.C is required only if the alleged offences were committed whilst the public servant was acting in discharge of official duties.

2) No sanction is required from either state/central government if the offences are committed by the public servant when he was not discharging his official duty and a public servant can be prosecuted like any other citizen.

3) So you need to be cautious of the sections mentioned in the charge sheet/ Prosecution evidence and you need to establish in your defence that the said offences were performed whilst discharging your official duty and hence requirement of sanction from state/central government u/s 197 Cr.P.C

4) You may refer to judgments of wherein it has been reiterated that sanctions are mandatory to prosecute a public servant.

a) R. Balakrishna Pillai v. State of Kerala, AIR 1996 SC ,

b) Ram Kumar v. State of Haryana (1987) 1 SCC...

c) Rizwan Ahmed Javed Shaikh v. Jammal Patel (2001)5 SCC 7=AIR 2001 SC 2198)...

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Kindly update with the section you are charged. Moreover u ll not get relief in lower court you will get relief regarding only in hc

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

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 cognizance of such offence except with the previous sanction.

Thus for the offences committed by the government servant in his personal capacity cannot be covered under the above category.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir,

During the course of 313 accused may state that permission was not taken under section 197 Cr.P.C. During the course of accused/defense evidence it must be brought on record that he comes under definition of “Government Servant” requiring sanction of permission to prosecute him. At the time of final arguments relevant judgments which are similar to facts of this case may be produced before the Trial Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

You should have filed revision against the order.

If sanctioned letter not part of record and exhibited, whole trail invalid.

In appeal/revision question re agitated but not in same court.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Sanction is an important ingredient which is also raised in appeal period in the court.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

When magistrate cant take cognisance of offence without sanction the question of that trial itself is challengeable. As sanction is prerequisite for cognisance of offence. And as per your query the evidence of prosecution comes under post cognisance stage. You can't reverse your proceedings from post cognisance stage to pre cognisance stage in Criminal trial. You need to challenge the same when it is dismissed.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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