Shadakshari vs State Of Karnataka 2024 INSC 42 :: [2024] 1 S.C.R. 429 – Ss 197, 482 CrPC – Sanction

Code of Criminal Procedure, 1973; Section 197 – Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service. It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties – The object of such sanction for prosecution is to protect a public servant discharging official duties and functions from undue harassment by initiation of frivolous criminal proceedings. (Para 17-23)

Code of Criminal Procedure, 1973; Section 197 , 482 – The question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial. Certainly, a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant. (Para 25)

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