Does the Lokpal Bill override the Section 197 CrPC

There is no definite reply of unborn situations.

i think it will override it & also the judge protection act also

Thanks.

Dear Banthia,

The Lokpal bill draft is expected to be ready by June 30. So it is too early to say that whether the section 197 of the Cr.PC –which prescribes previous sanction of the government for prosecution of the judges and public servants - may be obviated/annulled/neutralized. The civil right activists have been up in arm against this particular section which was grossly abused by the accused and they have been campaigning for its abrogation. In view of the civil members, such a probability cannot be ruled out.

Let us wait for bill

Lokpal Bill is as old as the Mountains and Rivers of India starting from 1978, but no Government had the courage to passed this Bill and was kept in cold storage for quarter of a century. If it is passed it will be a special Laws and special Law will override the general Law that is criminal Procedure Code.

Dear Mr. Vijayan Balakrishnan,

Thank you very much for you lucid answer.

It is reassuring that Sec 197 CrPC has not been overlooked.

Best Regards,

Ravindra

I am also of the view that section 197  of the crPc  is unconstitutional and offends the doctrine of equality. Many theories will spring up to say that it is necessary but the fact is that it offends the constitutional schemes of equality.

THE LOK PAL BILL WILL BE  JUST LIKE THAT OF THE PREVENTION OF CORRUPTION ACT.

SO THE PROVISIONS OF  OF 197 WILL NOT BE CURBED  AND THE LOK PAL WILL BE  IN ADDITION TO THE  POWERS OF 197 OF IPC  AND AN INDIVIDUAL AGENCY WILL BE ENTRUSTED TO ADJUDICATE THE MATTERS RELATING TO LOK PALL BILL.

THIS IS DERIVED FROM THE EARLIER ENACTMENTS (LOK AUKTHA ETC )

whenever the constitutional mattar arise the act does not effective!

Here is an excerpt from the proposed Lok Pal Bill:

Powers and Functions of Lokpal

8. Functions of Lokpal:

 (5) Lokpal shall be deemed to be “Disciplinary authority” or “appointing authority” for the purpose of imposing penalties under CCS Conduct Rules.

(6) Section 19 of Prevention of Corruption Act shall be deleted.

(7) Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to have been granted once Lokpal grants such permissions.

Why does the Lokpal need to grant the permission ?

Sec 197 CrPC lies at the heart of the matter.

It grants immunity, and immunity equals power.

Power corrupts, absolute power corrupts absolutely.