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Sanction for Prosecution of Public Servants

By B. Gopaliah

Published In

Cri LJ 1998

Section 197 of the Code of Criminal Procedure enacts that when any person, who is or was a Judge or Magistrate or a Public Servant and not removable from his office save by authority of 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 cognisance of such offence except with the previous sanction of the concerned Government. This provision is obviously intended to prevent unnecessary harassment to Public Servants who have to act always in the position in which they are capable of granting money, property or relief without discrimination or favour, to any particular individual. This protection is a virtue of necessity. But a Public Servant cannot hope for immunity from this provision when he is acting for his own benefit and not in Public Interest. A person who abuses his offical position only for his own benefit, does commit a serious offe ....

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