Supreme Court: Sanction under section.197 CrPC Can Be Raised Before Trial Court at Any Stage of Proceedings
- Lawttorney.ai
- 1 day ago
- 3 min read
Case Name: Ram Sagar Versus Central Bureau of Investigation.
Introduction:
The Supreme Court of India, in a present case headed by a Division Bench consisting of Justice J.B. Pardiwala and Justice Sandeep Mehta, denied the intervention with the structuring of charges in favor of a public servant in a corruption case. The Bench held that the necessity of earlier sanction under Section 197 of the Code of Criminal Procedure, 1973, for offences under the Indian Penal Code (IPC), can be examined at any point of the proceedings.
Background:
The case linked with a criminal trial against Ram Sagar a public servant, who has allegation of conspiracy, criminal breach of trust, falsifying accounts, and cheating under Sections 120B, 409, 477A, and 420 of the Indian Penal Code (IPC) and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. On 25 January 2021, the High Court of Uttarakhand at Nainital, in its judgment, rejected the two criminal revision petitions filed by the accused, where he questioned the framing of charges. The accused had no concern to the charges under the Prevention of Corruption Act but stated that the IPC charges were not valid without previous sanction under Section 197 of the Code of Criminal Procedure (CrPC), which is he claimed to be mandatory before trialing a public servant for offences under the IPC.
However, the High Court dismissed the application of the accused. Hence, he applied to the Supreme Court.
Legal Provision:
Section 120B of the Indian Penal Code (IPC), which deals with criminal conspiracy, has been replaced by Section 69 of the Bharatiya Nyaya Sanhita (BNS) (2023).
Section 409 of the IPC, criminal breach of trust by a public servant or other specified individuals, has been replaced by BNS Section 316.
Section 477A of the Indian Penal Code (IPC), relating to the falsification of accounts, has been replaced by Section 344 of the Bharatiya Nyaya Sanhita (BNS).
Section 420 of the IPC, dealing with cheating, has been replaced by Section 318 of the Bharatiya Nyaya Sanhita (BNS).
Supreme Court ruling of concept of section 197 CrPC
The Court stated that Section 197 of the CrPC can be raised at any time during the trial. If sanction is needed depends on the kind of evidence the prosecution presents during the case.
Court added, Learned counsel for the revisionist would submit that since the prosecution did not obtain the sanction from the department to prosecute the revisionist in respect of offences punishable under the Penal Code, as required under Section 197 of Cr.P.C., thus the trial cannot proceed in respect of charges under IPC.”
“We need not interfere with the common impugned order passed by the High Court at this stage. It shall be open for the petitioner to apply with the trial court under Sections 205 and 317 of Cr.PC respectively (Sections 228 and 355 of the Bharatiya Nagrik Suraksha Sanhita, 2023) seeking exemption from personal attendance before the Trial Court.”
“With the aforesaid, the Special Leave Petitions stand disposed of. Pending applications, if any, also stand disposed of.”
Further concluded, that the Supreme Court ruled at this stage we won’t intervene with the high court and petitioner still ask the trial court to relief from appearing in person.
Conclusion:
The Supreme Court denied interfering with the High Court’s order which permitted the trial against Ram Saga, public servant to proceed. It held that the issue of sanction under Section 197 CrPC for IPC offences can be raised and decided at any stage of the trial, based on the evidence presented.
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