Published on: 27 October 2022 at 20:31 IST
Court – High Court of Karnataka
Citation – B.S. Yeddyurappa v/s Principal Secretary (2015)
Hon’ble High Court of Karnataka has held that before Section 197 of the Code of Criminal Procedure, 1973 could be invoked against a public servant, 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 the discharge of his official duty. It is held that the bar created by the said provision is absolute and, in the absence of sanction, cognizance of the offence is barred.
Para – 24
Section 197 of the Code of Criminal Procedure, 1973, is a protection to the public servant, so that his official acts do not lead to needless or vexatious prosecution. The section is intended to guard against vexatious proceedings against public servants, not to be prosecuted without the sanction of the higher authorities.
Assuming for the sake of argument that the public servant has acted in excess of his duties, but there is reasonable connection between the act and the performance of the official duty, the excess will not be sufficient ground to deprive the public servant of protection.
The question is not as to the nature of the offence, but whether it was committed by a public servant acting, or purporting to act as such in the discharge of his official duties.
Drafted By Abhijit Mishra
Key Words – Public Servant, Official Duty, Protection.