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: 5.197 — Sanction before prosecution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: 5.197 — Sanction before prosecution — Arrest of one person by police officials on 28.6.1999 — Complaint by mother of the arrestee alleging illegal and unauthorised detention of her son from 24.6.1999 to 28,6.1999 — Prosecution against six police officials after obtaining sanction u/s. 197 — Application of the complainant u/s. 319 for taking cognizance against the appellants-police officials - Charges framed against appellants — Assailed in Revision on the ground that appellants could not have been prosecuted in absence of sanction for prosecution — Revision disnissed by High Court — On appeal, held: For applying s.197, it has to be ascertained as to whether the alleged offence had been committed “while acting or purporting to act in the discharge of his official duty” ~ In the present case, the period of apprehension from 28.6.1999 (when arrest was admitted) can be considered to have been made “while acting or purporting to act in the discharge of their official duty”, but not the period from 24.6.1999 to 28.6.1999 — Therefore, sanction for prosecution in respect of the appellants-accused was not required. ss. 197, 319 - Scope of s.197 — Whether the mandate of s.197 would extend to cases where cognizance taken under 5.319 CrP.C. — Held : Mandate of sanction u/s.197 is a mandatory pre-requisite, before a court of competent jurisdiction takes cognizance, even when cognizance is taken u/s. 319 CrPC. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2016 INSC 493 |
Petitioner | Surinderjit Singh Mand & Anr. |
Respondent | State Of Punjab & Anr. |
SCR | [2016] 5 S.C.R. 653 |
Judgement Date | 2016-07-05 |
Case Number | 565 |
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