MIsuse of Section 197, Code of Criminal Procedure
Note: Procedural Establishments Under The Code Of Criminal Procedure, 1973: Section 197 of the Code of Criminal Procedure, 1973 gives protection to a person who is still a Public Servant at the time the prosecution is launched, and also when he is no longer a public servant. This is to protect the Public Servant from a case being filed against him after his retirement. When the government servant or the employee is not removable from his office without the sanction of the Central Government, then the same is necessary. Sanction under this section is not necessary before a Public Servant could be prosecuted for an offence of bribery under Section 161 of the Indian Penal Code, 1860. There are three facets in the consideration of the protection given by Section 197 of the Cr.P.C. to the acts done by public officers. (i) The act complained attaches to it the official character of the person doing it; (ii) The official character or status of the accused gave him an opportunity of doing the ...
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