A single judge bench comprising of john michael cunha, j. The magistrate issued process against the appellants in 2003. December 16, 2014 additional and assistant sessions judges to try cases made over to them. Employees of psus not entitled to protection under section. Pdf crpc pdf download criminal procedure code pdf 2020. The appellants prayed for recall of the process, which was rejected. The code of criminal procedure, 1973 crpc 2nd page. Further section 19 of the prevention of corruption act also mandates the grant of such sanction before. The code of criminal procedure crpc is the main legislation on procedure for administration of substantive criminal law in india.
After various rounds of litigation, the appellants filed a writ. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in. You can get this pdf for free or by paying any small amount and helping me. Complainent lodged a complaint before police us 497 ipc. Section 195 of code of criminal procedure, 1973 cr. Section 197 of code of criminal procedure, 1973 cr. Objective questions on criminal procedure code 1973. Legal provisions of section 197 of code of criminal procedure, 1973 cr. December 16, 2014 prosecution of judges and public servants. Prosecution of offences under section 498a of the indian penal code. Under section 198 of the code of criminal procedure, the court can take cognizance of any offence laid down under section 497 and 498 to the indian penal code on complaint of m. Prosecution of public servants tax management india. They include judges, magistrates, members of the armed forces, public servants. This is provided for under section 197 of the code of criminal procedure crpc.
The practical lawyer section 197 crpc visavis public. Here is a beautiful, mobile perfect pdf for criminal procedure code, 1973. You can get this pdf for free or by paying any small amount and. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences. Offences under other laws also as per crpc subject to the provisions therein.
This batch of criminal petitions under section 482 read with section 401 and 397 of the code of criminal procedurepertaining to, prosecution sanction as envisaged under section 197 of the cr. The object of this section is to guard some important categories of public servants performing onerous and responsible functions against vexatious or mala fide proceedings. The offence of cheating under section 420 ipc is a cognizable offence. Ocf, sector a8, narela, new delhi 110040 affiliated to guru gobind singh indraprastha university and. Code of criminal procedure act, 1973 bare acts law. When any person who is or was a judge or magistrate or a public servant not removable from his office save by or with 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. When any person who is or was a judge or magistrate or a public servant not removable from his. Under section 197 of crpc, in case, the government servant accused of an offence, which is alleged to have been committed by him while acting or purporting to act in discharge of his official duty, the. The object of this section is to guard some important categories of public. Calculation of profits 1 in computing the net profits of a company in any financial year for thepurpose of section 197, a credit shall be given for the sums specified in subsection 2, and. What is the procedure for filing an application under section 1563 of criminal procedure code before the magistrate to direct the police to conduct investigation in an offence under section 420 ipc cheating case. When any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to. Governmentas in section 197 1 crpc as discussed in the judgment ibid is not proximate to the core issue i. The code of criminal procedure, 1973 crpc 1st page.
Legal provisions of section 195 of code of criminal procedure, 1973 cr. Whether sanction under section 197 of the code of criminal procedure, 1973 hereinafter referred to as crpc is required to initiate criminal proceedings in respect of offences under sections. No sanction required to prosecute public servants after. What is crpc section 197 code of criminal procedure 1973. Whether protection us 197 of crpc is available to public servant after retirement. Analysing the laid down principles in reference to section 197 crpc, it is seen that the honble supreme court in matajog dobey. Therefore, the police has the power to directly register the fir under section 154 cr. According to section 197 of the code of criminal procedure 1973, prosecution of judges and public servants 1 when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with 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. The new law bore a close resemblance to an old colonial law, section 197 of the criminal procedure code of 1898, except that this was called section 197 of the criminal procedure code of.
Section 21twelfthb ipc will come within the purview of section 197 crpc. Section 197 crpc writinglaw bare act, bare act pdf. Unlike section 19 of the poc act, the protection under section 197 of code of criminal procedure is. According to section 197 of the code of criminal procedure 1973, prosecution of judges and public servants 1 when any person who is or was a judge or magistrate or a public servant not. With the previous sanction of the appropriate government section 197 of the crpc offences against marriage section 493 498 of ipc on a complain of the person aggrieved section. Section 195 in the code of criminal procedure, 1973. Pc provides the procedure of prosecution of judges and public servants. This is the basic law of procedure prescribed for criminal law in india be it enacted by parliament in. The law in this regard has been delineated by the apex court more particularly in paragraphs 12 to 21 thereof, after relying on some of the leading decisions on that point, which reads as follows. An act to consolidate and amend the law relating to criminal procedure.
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