Can a Govt servant tried u/s 166 & 217 IPC?

kapoorsatish (Querist) 22 April 2008 This query is : Resolved
Can Govt. Servant (SEBI/NSE officials) tried U/S 166/167, 217 IPC. Is there any requirement of obtaininf sanction from Govt?

Follow Query

Report Abuse

Guest (Expert) 22 April 2008
Yes. A government servant (or public servant) may be tried for offences only after obtaining sanction of the State/Central government.

Please go through S. 197 of the CrPC.

a.haridasan (Expert) 22 April 2008
dear kapoorsatish ,it is important to be noted that ,only while acting or purporting to act in the discharge of his official duty . a public servant can claim the said privilage.AIR 2004 SC 2179,1995 SCC (CRIME)121,and section 197 not attracted to officers of govt companies or public under takings. plz scn the dicisions in AIR 1998 SC 1945,1998 scc(crl lj}1265.adv.a.haridasan..

Guest (Expert) 23 April 2008
ADDENDUM:

I wish to clarify that Mr A. Haridasan's answer is much more "appropriate" than mine. I wholeheartedly endorse his point of view.

Guest (Expert) 23 April 2008

kapoorsatish (Querist) 23 April 2008
Do SEBI/NSE official fall under Govt servant Or Govt undertaking/company.

Manish Singh (Expert) 07 May 2008
Sebi officials are govt servants but NSE's officials are not.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries