No court shall take cognizance of an offence punishable under chapter xxi of the indian penal code 45 of 1860 except upon a complaint made by some person aggrieved by the offence. For the prosecution of public servants for offences which are fundamentally criminal in nature, a grant of sanction under section 197 of the code of criminal procedure is necessary. The code of criminal procedure, 1973 crpc 1st page. Section 197 of code of criminal procedure, 1973 cr. Section 237 of crpc procedure in cases instituted under section 1992 1 a court of session taking cognizance of an offence under subsection 2 of section 199 shall try the case in accordance with the procedure for the trial of warrantcases instituted otherwise than on a police report before a court of magistrate. Special judge m b gosavi observed, the prosecution against accused no. On the other hand, there can be cases of misuse and abuse of power. The honble apex court has elaborated the principle of section 197 of the cr. These provisions require sanction from a competent authority for proceeding in court for a trial against public servants, but they do not bar investigation without such sanction before trial. Sections 177 to 189 jurisdiction of criminal courts in inquiries and trials. How to withdraw case under section 354 crpc and 8 of posco act answered by expert criminal lawyer. Ramgopal vs the state of madhya pradesh on 16 august, 2019. Supreme court notice to bsp supremo mayawati in taj case. Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant.
Sec 406 cr pc deals with transfer of cases from the court of one state to another state court and provides thus. Section 197 of the criminal procedure code, 1898 crpc provided that where any public servant is accused of any offence alleged to have been committed by him while acting or purporting to act. 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. After that when it is crossexamined by the defence side about that document,that is proprly exhibited. Is sanction needed us 197 crpc for proceeding further in case. Section of the prevention of corruption act pc act, 1988 deals with a criminal misconduct by a public servant. In this 22yearold case, a supreme court bench had detailed the reason under which a court could issue nbws under section 73 of crpc. In order to apply the bar of section 197 crpc each case has to be. If the interpretation as given by the hc of section 197 crpc is accepted, it would illegally protect high and influential corrupt public servants from prosecution even in genuine cases. Legal provisions regarding prosecution of judges and public servants under section 197 of the code of criminal procedure, 1973. Under section 197 of the criminal procedure code cr.
Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who. As per the code of criminal procedure crpc, the prosecution is required to secure a sanction from the state government to prosecute a public servant while discharging his. That all public servants are protected by section 197 of the crpc and section 19 of the prevention of corruption act, 1988, is apparently not enough. Section 209 of crpc commitment of case to court of. When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause b of subsection 1 of section 195, which appears to have. Is sanction needed us 197 crpc for proceeding further in. Section 197 1 of the code of criminal procedure provides that 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. If not crossexamined then that document is not exhibited properly. Some important judgement on maintenance section 125 crpc. In sessions trial if any document not properly come in the case diary or not asking about a document to a proper witnss, it is kept as exhibit x. Whether an order for further investigation us 1738 crpc. 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. Provided that the provisions of this code, other than those relating to chapters viii, x and xi.
Prosecution of judges and public servants legal requirement. Section 1diii states that a public servant is said to commit the offence of criminal misconduct if he, while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any. C surinderjit singh mand and anr vs state of punjab and anr on 5th july 2016 in the supreme court of india. Essential ingredients for claiming maintenance under section 125 crpc i. Sc sc has said that the public servants can face prosecution without prior sanction of authorities as all their acts in the purported discharge of the official duties cannot be brought under the protective umbrella of section 197 of the criminal procedure code. The objective of giving protection immunity to judges and public servants under sec. In a judgment with farreaching effect on numerous cases pending.
Explore crpc 197 profile at times of india for photos, videos and latest news of crpc 197. 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. Delhi hc to examine crpc amendment on sanction to try govt. 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. Claiming maintenance under section 125 crpc how to file.
The author attempts to analyze section 3 of the code of criminal procedure which deals with the procedure for removal of public nuisance and process thereof along with the analysis of few case laws. Section 209 and 210 of code of criminal procedure 1973. The reason he gives for his belief is the existence of section 197 of the criminal procedure code crpc. A similar issue came up for consideration before this court in nagrajs case supra, wherein this court was called upon to examine the scope of section 197 cr. Definitions in this code, unless the context otherwise requires, a bailable offence means an offence which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force. Any offence punishable under section 494 or section 495 of the indian penal code 45 of 1860 may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last. The explanation is liable to be quashed since it defeats the purpose and object of section 197 crpc and is in complete violation and against the scheme an. This grant of sanction has been accorded to judges, magistrates, and public servants, so that they can be prevented from frivolous prosecution and in cases where the.
Hence, you cannot challenge the complaint under section 203 of the crpc. Section 1991 of the code of criminal procedure provides that no court shall take cognizance of an offence punishable under chapter xxi of the indian penal code except upon a complaint made by some person aggrieved by the offence. Hence, no sanction under section 197 crpc was required in the. Governmentas in section 197 1 crpc as discussed in the judgment ibid is not proximate to the core issue i. Legal provisions of section 197 of code of criminal procedure, 1973 cr. The code of criminal procedure, 1973 crpc 2nd page. They include judges, magistrates, members of the armed forces, public servants. 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 1973. Prosecution of judges and public servants section 197 of. Case registered under section 200 crpc online legal. The court does not hear the accused at the stage of section 203. Section 188 in the code of criminal procedure, 1973. The question, whether sanction is necessary or not, may arise on any stage of the proceedings, and in a given case, it may arise at the stage of inception as held by this court in om prakash and. 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.
The 20 amendment to section 197 of the crpc provides that no prior sanction is needed to prosecute a public servant in cases of alleged. Legal provisions regarding prosecution for defamation under section 199 of the code of criminal procedure, 1973. Whether the sanction is required under section 197 cr. Goel said protection under section 197 of crpc was only available to a public servant. Section 197 in the code of criminal procedure, 1973 indian kanoon. All i know is that as long as section 197 stays, corruption will remain as it is. Analysing the laid down principles in reference to section 197 crpc, it is seen that the honble supreme court in matajog dobey v h. Public servants can be prosecuted without prior sanction. Section 197 in the code of criminal procedure, 1973. An application was filed to quash the summoning order and criminal case proceedings initiated by chief judicial magistrate, agra, against the appellant.
Mode of recording evidence under section 356 or section 357. C bahri reported in air 1956 sc 44 referred to brooms legal maxims 10th edn at page 312 and. Whether an order for further investigation us 1738 crpc can be passed postcognizance. Where the wife claims maintenance under section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her. Conditional ordersection 3 provides for a rough and ready procedure to be used in urgent cases for. Mishra argued that when a person repeatedly evades summons a court is well within its rights to issue an nbw and force him to appear before investigators. Commitment of case to court of session when offence is triable exclusively by it and procedure to be followed when there is a complaint case and police investigation in respect of the same offence are defined under section 209 and 210 of crpc 1973. Under section 125 of crpc persons belonging to any religion or governed by any personal laws can claim maintenance. It is clear from the above provisions that sanction under section 197 cr. Contribution of the high court of delhi to the development of law in. When an offence is committed outside indiaby a citizen. Dealing with such a case, which has been hanging fire since 1999, a bench of justices kurian joseph and a. High court to be also an additional sessions judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the high court may direct. Section 197 crpc no protection of sanction where the acts are.
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