CrPC Section 346
CrPC Section 346 – “Offences by or against public servants”
Actually, in the context of the Criminal Procedure Code (CrPC) of India, Section 346 specifically deals with the procedure to be followed when a public servant accused of an offence is tried. It is important to note that Section 346 is procedural in nature and is connected to cases involving public servants.
Text of Section 346 (Simplified Explanation)
Focus of Section 346:
It deals with the power of the court to summon, try, and deal with offences involving public servants, particularly when the accused is a public servant or when the offence affects public interest.
Key Points of Section 346:
It lays down the procedure for trial when an offence involves a public servant.
Public servants are tried according to the special procedures mentioned in the CrPC, considering the nature of their duties.
It ensures that trials involving public servants are conducted fairly, often requiring prior sanction from a competent authority (like the government or head of department) for prosecution.
The section also specifies the jurisdiction of the court in such matters.
Purpose of Section 346:
To prevent misuse of law against public servants performing their duties in good faith.
To ensure public servants are protected from frivolous or malicious complaints while carrying out official functions.
To maintain administrative efficiency and public trust in government officials.
Connection with other Sections:
Section 197 CrPC: Often invoked along with Section 346, as it requires government sanction before prosecuting a public servant for an offence committed during duty.
Sections 341–345 CrPC: Deal with the powers of courts to try offences and the procedure to be followed.
Example for Better Understanding:
Suppose a police officer, while performing his duty, is accused of using unnecessary force against someone. Under Section 346, the trial will be conducted following the procedures for public servants. Additionally, before any prosecution, permission from the government or competent authority may be required. This prevents harassment of officials for actions done in good faith.
In short, Section 346 CrPC ensures that public servants are tried under a regulated procedure, protecting them from false or malicious prosecution while maintaining accountability for genuine offences.
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