Section 197 of CrPC : Section 197: Prosecution Of Judges And Public Servants

Explanation using Example

Imagine a scenario where a government official, while performing his duties, is accused of accepting a bribe. This is an offense under the Prevention of Corruption Act. However, because the official was acting in his capacity as a public servant, Section 197 of the Code of Criminal Procedure, 1973 would come into play.

Under this section, before the court can take cognizance of the offense, the relevant government - either the central or state government, depending on the official's employment - must grant sanction for prosecution. This means that if the official works for a central government department, the central government must approve the prosecution. If the official is employed by a state government department, then the state government's sanction is required.

For example, if a District Collector is accused of misusing his power to grant a land permit in exchange for personal gain, the state government must sanction the prosecution before the court can proceed with the case against the Collector.

This provision aims to protect public servants from frivolous litigation that may arise from actions taken while performing official duties. However, it also ensures that public servants are not immune from prosecution for genuine criminal conduct, provided the necessary sanction is obtained.