Criminal Procedure — Section 197 Cr.P.C. — Sanction — Scope and applicability Protection under Section 197 Cr.P.C. is available only to those public servants who are not removable from office save by or with the sanction of the Government and where the alleged act is connected with discharge of official duty. (Paras 7, 9, 10) Sanction — Subordinate police officers — Requirement Subordinate rank police officers, who are removable by authorities other than the Government, are not entitled to protection under Section 197(1) Cr.P.C. (Paras 9, 10)

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Criminal Procedure — Section 197 Cr.P.C. — Sanction — Scope and applicability
Protection under Section 197 Cr.P.C. is available only to those public servants who are not removable from office save by or with the sanction of the Government and where the alleged act is connected with discharge of official duty. (Paras 7, 9, 10)

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Sanction — Subordinate police officers — Requirement
Subordinate rank police officers, who are removable by authorities other than the Government, are not entitled to protection under Section 197(1) Cr.P.C. (Paras 9, 10)

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Co-accused — Benefit of judgment — Conditional applicability
Benefit of quashing proceedings granted to one accused on ground of want of sanction cannot automatically extend to co-accused unless they independently satisfy the statutory requirement for sanction. (Paras 7, 10)

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Sanction — Stage of applicability — Cognizance stage
The bar under Section 197 Cr.P.C. operates at the stage of taking cognizance. If no sanction is required at that stage, subsequent events cannot invalidate valid cognizance. (Paras 13, 14)

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Subsequent notification — Retrospective effect — Absence
A notification extending protection under Section 197 Cr.P.C. does not operate retrospectively and cannot affect proceedings where cognizance was already validly taken prior to such notification. (Paras 14, 15)

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Section 197(3) Cr.P.C. — State notification — Scope
State Government may extend protection of Section 197(2) Cr.P.C. to specified classes of police officers, but such protection is subject to applicability at the stage of cognizance. (Paras 11, 12)

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Sanction — Absence — Effect on proceedings
Where sanction is required and not obtained, proceedings are liable to be quashed; however, where sanction is not required, prosecution can proceed. (Paras 7, 14)

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Public servant — Definition of ‘Government’
For purposes of Section 197 Cr.P.C., ‘Government’ refers to Central or State Government as per Section 17 IPC. (Para 8)

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Cognizance — Validity — Subsequent bar immaterial
A valid cognizance taken when no statutory bar existed cannot be nullified by subsequent statutory protection or notification. (Paras 14, 15)

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Result — Appeal — Dismissal
Where appellants are not entitled to protection under Section 197 Cr.P.C., proceedings against them are valid and appeal is liable to be dismissed. (Para 15)

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Result

Criminal Appeal — Dismissed.
Interim orders — Discharged. (Para 15)