Section 197 of the crpc
Web28 Jul 2024 · Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed that criminal proceedings against the accused−Lower Division Clerk be quashed, for want of requisite sanction under Section 197 CrPC. The Court held that in cases where a question of requirement of … Web24 Jul 2024 · Section 197 of CrPC is a statutory protection accorded to the Public Servants that must be respected by the Prosecution Agencies. But equal regard must be given to …
Section 197 of the crpc
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Web23 Jul 2024 · Section 197 of the CrPC seeks to provide protection to an officer from unnecessary harassment, who is accused of an offence committed while acting or … Web11, 13, 15 of the Act, while under Section 197(1) Cr.P.C. sanction is required for an offence committed while acting or purporting to act in the discharge of his official duty, and not otherwise. Validity of provision : Article 14 of the Constitution does not render Section 197, ultra vires as the discrimination is based upon a rational ...
Web- Section 197 of the Code of Criminal Procedure, 1973 provides for the previous sanction of the Central Government or, as the case may be, the State Government before a Court took cognizance of an offence alleged to have been committed by any public servant including a Judge, Magistrate and member of the Forces while acting in the discharge of ... Web27 Jul 2024 · The learned Senior Counsel, therefore, contended that in such an event there would be a direct conflict of Section 48 of the 1974 Act with Section 197 CrPC and consequently Section 60 of the 1974 Act would come into play which has an overriding effect on any other enactment other than the 1974 Act. 7.
Web3 Dec 2024 · The petitioners then moved the High Court under Section 482 CrPC seeking quashing of the proceedings against them, contending that the sanction under Section 197 CrPC has not been obtained. The High Court placed reliance on a slew of decisions to hold that criminal misconduct on the part of a public servant cannot be treated as discharge of … http://www.bareactslive.com/ACA/ACT226.HTM
Web3 Nov 2024 · The Orissa High Court has reiterated that sanction must be obtained under Section 197 of CrPC if the impugned act of a public servant has a 'reasonable nexus' with …
Web25 Apr 2024 · Procedure to File a Complaint- Application u/s 340 of CrPC, Bar u/s 195 CrPC and Sanction u/s 197 of CrPC. Section 195 of CrPC bars Court from taking cognizance of offences relating to contempt of lawful authority of public servants, except on a complaint in writing of the public servant concerned or of some other public servant to which he is ... kitchenaid induction stove control problemsWebShower if offence is committed by police inspector where 197 Crpc is applicable that is purporting to act in discharge of his official duty, government sanction is required before court take cognizance of offence. ... is barred by Section 197 of the Code unless sanction is obtained from the appropriate authority, if the offence, alleged to have ... mac automatic memory cleanerWebIn Section 197 of the Code. --. (a) in sub-section (1), for the words "in the discharge of" the words "in or in connection with the discharge of" shall be substituted; (b) in sub-section (2), for the words "in the discharge" of the words "in or in connection with the discharge of" shall be substituted; (c) after sub-section (4), the fallowing ... mac auto open websiteWeb2. Validity of Section 197 CrPC There was an uproar regarding the scope of Section 197 CrPC, that is, it violates Article 14 of the constitution. This dispute was settled by the Apex Court in the case of Matajog Dobey v. HC Bhari10, approved by L.C.I. 41st Report , where it was said “article 14 (of the Constitution) kitchenaid induction stove 30Web19 Jun 2024 · The protection given under Section 197 of the Criminal Procedure Code read with Section 170 of the Karnataka Police Act has its limitations. The protection is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and official duty is not merely a cloak for the objectionable … kitchenaid induction stove manualWeb• Learnt how to efficiently read legal cases as long as 1500-2000 pages, ranging from criminal litigation to arbitration. • Read cases that came to the Advocate for legal representation of both civil and criminal law on Real Estate disputes, Bombay Trust Act 1950, Matrimonial disputes, Bail (S. 436 to 450 of CrPC), POCSO and Murder/Culpable … mac auto sales south houstonWeb3 Jan 2024 · Purohit had argued that under Section 197 CrPC, prior sanction is needed to prosecute a serving Army officer. The court held that he was not given permission by the government to float Abhinav Bharat and procure arms for illegal activities. mac automotive canopy instructions