Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s. 197 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s. 197 - Prosecution of public servant - Sanction for - HELD: Before s. 197 can be invoked, it must be shown that the official concerned was accused of an offence alleged to have been committed by him while acting or purporting to act in discharge of his official capacity - It is quality of the act which is important and protection of the section is available if the act falls within the scope and range of.official duty of public servant. On facts, offences alleged to have been committed by delinquent u/ss 420, 465, 466, 467,468 and 471 IPC cannot be related to any official duty - Penal Code, 1860 - ss. 420, 465, 466,467,468 and 471.s. 197 - Sanction for prosecution of retired public servant - HELD: expression "was" employed after "is" in the section makes need for sanction applicable even in cases where a retired public servant is sought to be prosecuted.Penal Code, 1860:SS. 406, 409 and 120-B - HELD: SS. 406 and 409 are cognate offences in which common component is criminal breach of trust - Supreme Court having held that in regard to offence u/s 409 r/w 120-B it is no part of duty of public servant to enter into a criminal conspiracy for committing breach of trust, the position will not be different if offence is u/s 406 r/w 120-B /PC vis-a-vis s.197 Cr.P. C. - Code of Criminal Procedure, 1973.Words and Phrases: 'Official act', 'Official ·duty' - Meaning of in the context of s.197 Cr.PC. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2008 INSC 154 |
Petitioner | Raghunath Anant Govilkar |
Respondent | State Of Maharashtra And Ors. |
SCR | [2008] 2 S.C.R. 580 |
Judgement Date | 2008-02-08 |
Case Number | 279 |
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