LI Network
Published on: January 18, 2024 at 12:10 IST
In a recent decision, the Supreme Court ruled that Section 197 of the Code of Criminal Procedure (CrPC) applies solely to acts carried out in the discharge of a public servant’s official duties.
The Court emphasized that the fabrication of documents, not forming part of official duties, does not require prior sanction for prosecution under Section 197 CrPC.
The ruling reversed a High Court judgment that had quashed criminal proceedings against a public servant due to the absence of prior sanction.
The complainant-appellant had alleged the public servant’s involvement in fabricating official documents by misusing their position as a Village Accountant. The High Court had quashed the proceedings, citing the lack of prior sanction under Section 197 CrPC.
The Supreme Court, comprising Justices Abhay S. Oka and Ujjal Bhuyan, allowed the criminal appeal, stating that Section 197 CrPC does not cover every act or omission by a public servant but is limited to those done in the discharge of official duties.
The Court referred to precedents, including the Shambhoo Nath Misra case, which clarified that fabrication of records and misappropriation of funds by a public servant cannot be considered part of official duties.
The Court further cited the State of Orissa v. Ganesh Chandra Jew case, highlighting that Section 197 CrPC does not extend protection to every act or omission by a public servant but only to those done in the discharge of official duty.
The ruling emphasized that the manufacturing of documents or fabrication of records is not integral to the official duty of a public servant. Consequently, the Court set aside the High Court’s order, allowing the criminal appeal and stating that the observations made are specific to the case at hand.
Case Title: SHADAKSHARI v. STATE OF KARNATAKA & ANR