Rama chary Rachakonda
(Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )
17 September 2021
yes. It comes. Section 197 of the CrPC seeks to protect an officer from unnecessary harassment, who is accused of an offence committed while acting or purporting to act in the discharge of his official duties and, thus, prohibits the court from taking cognisance of such offence except with the previous sanction of the competent
For criminal liability, the Code of Criminal Procedure, 1973 (CrPC) gives proceduralĀ safeguardsĀ to government servants to be able to prevent vexatious litigation against an official who is performing a public function.
D.Rajagopal v. Ayyappan & Anr. and connected matter
The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.
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