Statutory safeguard regarding protection of public servants against prosecution: An overview
- Author Pramod Kumar Singh
- DOI
- Country : India
- Subject : Law
Keywords : Statutory safeguard regarding protection of public servants against prosecution: An overview
Abstract
Civil servants are expected to discharge their duties and responsibilities without fear and favour. The law provides adequate protection to the public servant against any official work or duties discharged by him during duty hours. No court is authorized to take cognizance of such an officer without previous sanction from the authority competent who is empowered to remove such officer from office. The law has been enacted in order to provide adequate protection to civil servants. The provision of Section 21 of Indian Penal Code, 1860 defines the words “public servant” falling under the twelve categories. For being a public servant, it is not necessary to be an officer. Judges of High Court and Supreme Court are public servant. Employees of nationalized banks are also public servant. A teacher working in government service and paid by the Government is a public servant. Only public servants removable from office by sanction of Government may enjoy the protection of sanction under 197 of Cr.P.C. the act done in discharge of duty, however does not include the case of abuse of power. When the Dy. S.P. for instance alleged to commit an act of extortion and criminal intimidation, no sanction u/s 197 is required before taking cognizance. The relevant date, with reference to which a valid sanction sine quo non for taking cognizance of an offence committed by a public servant as required under Section 6, is the date on which the court is called upon to take cognizance of the offence. Sanction for prosecution must be taken u/s 197, Cr. P.C. or under the special act, as the case may be, before cognizance because sanction granted after cognizance is of no legal value. The plea of sanction can be raised at any stage including at the time of enquiry. The Magistrate, while hearing on the plea of sanction, cannot be confined only on this point but shall consider all materials available before him.
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