IPC Section 197
๐ฎ๐ณ IPC Section 197 โ Prosecution of Public Servants
What Does Section 197 Say?
Section 197 of the Indian Penal Code provides protection to public servants by requiring prior sanction or permission from the government before they can be prosecuted for any offense alleged to have been committed while performing their official duties.
๐ In Simple Terms:
If a public servant (like a government officer, police official, judge, etc.) is accused of committing an offense while doing their official work,
Then no court can take up a criminal case against that public servant without prior approval (sanction) from the appropriate government authority.
This sanction acts as a safeguard to prevent unnecessary or malicious prosecution of officials while they carry out their duties.
โ๏ธ Why is This Important?
To protect honest public servants from frivolous or politically motivated legal actions.
To maintain administrative efficiency and ensure that officials are not constantly under threat of prosecution for actions taken in good faith.
It doesnโt grant immunity from prosecution, but sets a procedure to check frivolous complaints.
๐งพ Key Points:
| Aspect | Explanation |
|---|---|
| Who is covered? | Public servants accused of offenses while performing official duties. |
| What is required? | Prior sanction/permission from the government before prosecution. |
| Which government? | Usually the government or authority that appointed the public servant. |
| Purpose | To prevent harassment and ensure fair trial. |
๐ง Example:
A police officer is accused of using excessive force during duty.
Before the officer can be prosecuted in court, the government (State or Central, as appropriate) must give permission to proceed.
Without this sanction, the court will not entertain the case.
๐ฅ Important Notes:
The sanction is only required if the alleged offense is committed during official duty.
If a public servant commits an offense unrelated to official work, no sanction is required.
The law balances protection of officials with accountability.
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