Consent issue regarding section 197 crpc
deepak dandotiya
(Querist) 21 May 2012
This query is : Resolved
hello friends,
i have a problem reagarding section 197 crpc which says if we want to prosecute a public servant we need prior consent of concerned state govt. or central govt. in respective cases. the problem here that if a govt. servant of M.P. who has committed offence of corruption 1999 in MP was after the partition of MP was alloted chattisgarh cadre and later in 2001 was framed for corruption charges by MP POLICE as the offence was committed in MP.
i just wanted to know that which govt.'s prior consent is reqired here, is it the consent of chattisgarh where he is posted now-a -days or the consent of MP govt. where he committed offence.
please give me some or any ruling if possible.
thanking in anticipation.
PARTHA P BORBORA
(Expert) 21 May 2012
From the govt of MP where the offence was committed. But section is necessary only if the offence was committed by him on execution of his official duty. But if it was committed in his personal capacity no section is required.
PARTHA P BORBORA
(Expert) 21 May 2012
From the govt of MP where the offense was committed. But to claim a safe gourd under Section 197 Cr.P.C the offense was committed in the course of his official duty,if it was committed in his personal capacity, there is no safe gourd under Section 197 Cr.P.C.
PARTHA P BORBORA
(Expert) 21 May 2012
From the govt of MP where the offense was committed. But to claim a safe gourd under Section 197 Cr.P.C the offense was committed in the course of his official duty,if it was committed in his personal capacity, there is no safe gourd under Section 197 Cr.P.C.
Shonee Kapoor
(Expert) 22 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
