LAW FOR ALL

Sec.197 Cr. P.C. - want of sanction - Whether it can be raised at stage of trial by Accused - Trial court dismissed the objections raised by Accused on the ground the in some cases Sanction not obtained as he is an IAS officer and in some cases sanction obtained much prior to framing of charges - High court also dismissed the revision giving liberty to raise this issue at any time during trial - Apex court held that it has been consistently held that it can be no part of the duty of a public servant or acting in the discharge of his official duties to commit any of the offences covered by Section 406, 409, 420 etc. and the official status of the public servant can, at best, only provide an opportunity for commission of the offences. Therefore, no sanction for prosecution of the public servant for such offences would be required under Section 197 of the Code. Notwithstanding the above, the High Court had granted liberty to the appellant to raise the issue of sanction, if so required, depending on the evidence that may come on record in the course of the trial. = CHANDAN KUMAR BASU ... APPELLANT (S) VERSUS STATE OF BIHAR ... RESPONDENT (S) = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41746