CrPC Section 197
CrPC Section 197: Prosecution of Judges and public servants
🔹 Text of Section 197 CrPC:
"No court shall take cognizance of an offence alleged to have been committed by any Judge or Magistrate acting or purporting to act in the discharge of his official duty, except with the previous sanction of the appropriate government or authority."
🔍 Explanation in Simple Terms:
Section 197 deals with the requirement of prior permission before prosecuting certain public officials, especially Judges and public servants for offences allegedly committed while performing their official duties.
⚖️ 1. Who Does Section 197 Protect?
Judges and Magistrates
Other public servants (government officials, police officers, etc.)
The key condition is that the alleged offence should have been committed while acting or claiming to act in their official capacity.
🧑⚖️ 2. What Does This Section Say?
A court cannot take cognizance (i.e., cannot start legal proceedings) against these officials for an offence allegedly committed in the course of their official duties without prior sanction or permission from the appropriate government or authority.
📌 Why is Prior Sanction Needed?
To protect public servants and judicial officers from frivolous or malicious prosecution.
To allow the government or authority to examine the case before permitting prosecution, preventing harassment or obstruction of official duties.
🧷 Key Points:
| Point | Explanation |
|---|---|
| Scope | Applies to offences allegedly committed by judges, magistrates, and public servants while performing official duties. |
| Sanctioning Authority | Usually the Government or competent authority under whose jurisdiction the accused falls. |
| Effect of No Sanction | If prosecution is initiated without prior sanction, the court will not entertain the case (lack of jurisdiction). |
| Not Absolute | The protection applies only to acts done in the course of official duty, not to personal acts. |
🧠 Example:
A police officer is alleged to have used excessive force during an arrest.
Before a criminal case can be started against the officer, prior sanction from the government is required as per Section 197.
Without this sanction, the court cannot proceed with the trial.
Relation to Other Laws:
Section 197 works in tandem with Section 165 of the Indian Penal Code (which provides protection to public servants for acts done in discharge of duty) and other relevant rules governing government servants.
Summary:
Section 197 CrPC provides protection to Judges, Magistrates, and public servants from prosecution without prior government sanction when the alleged offence is committed during official duty.
This is to prevent misuse of the legal process and ensure that officials can perform their duties without undue harassment.
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