Section 197 of CrPC: A Safeguard Against Harassment of Public Servants

Central government employees are protected from prosecution under certain circumstances under Section 197 of the Code of Criminal Procedure (CrPC). This section states that no court can take cognizance of an offence alleged to have been committed by a public servant while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government or the State Government, as the case may be.

This protection is intended to prevent the harassment of public servants who are simply doing their jobs. However, it is important to note that the protection is not absolute. There are certain exceptions to the rule, such as when the public servant is accused of a serious offence, such as corruption or abuse of power.

Here are some of the key protections that are available to central government employees under Section 197 of the CrPC:

• Protection from prosecution for offences committed in the discharge of official duty: This is the most important protection that is available to central government employees. It means that a central government employee cannot be prosecuted for an offence that he or she committed while acting or purporting to act in the discharge of his or her official duty, unless the Central Government or the State Government, as the case may be, gives its prior sanction.
• Protection from frivolous or vexatious prosecutions: This protection is intended to prevent the harassment of central government employees who are simply doing their jobs. It means that the Central Government or the State Government, as the case may be, can refuse to give its sanction to a prosecution if it is frivolous or vexatious.
• Protection from double jeopardy: This protection is intended to prevent a central government employee from being prosecuted twice for the same offence. It means that if a central government employee is acquitted of an offence, he or she cannot be re-prosecuted for the same offence, even with the prior sanction of the Central Government or the State Government, as the case may be.

The protections that are available to central government employees under Section 197 of the CrPC are important safeguards against the harassment of public servants who are simply doing their jobs. However, it is important to note that these protections are not absolute and there are certain exceptions to the rule.

Sources

1. nearlaw.com/PDF/MumbaiHC/1964/1964-ALLMR-ONLINE-247.html

2. www.advocatekhoj.com/library/judgments/announcement.php?WID=4254