What is Prosecution of Judges and public servants? Section 197 of Code of Criminal Procedure 1973

Prosecution of Judges and public servants is defined under Section 197 of CRPC 1973. Provisions under this section is:

Section 197 of CRPC "Prosecution of Judges and public servants"

 (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction-

(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;

(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government.

(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.

(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted.

(4) The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING

What is Cognizance of offences by Magistrates? What is Transfer on application of the accused? What is Making over of cases to Magistrates? Section 190, 191 and 192 of Code of Criminal Procedure 1973

What is Cognizance of offences by Courts of Session? What is the meaning of Additional and Assistant Sessions Judges to try cases made over to them? What is Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence? Section 193, 194 and 195 of Code of Criminal Procedure 1973

What is Prosecution for offences against the State and for criminal conspiracy to commit such offence? Section 196 of Code of Criminal Procedure 1973

What is Prosecution of Judges and public servants? Section 197 of Code of Criminal Procedure 1973

What is Prosecution for offences against marriage? Section 198 of Code of Criminal Procedure 1973

What is Prosecution for defamation? Who can initiate defamation proceedings? Section 199 of Code of Criminal Procedure 1973

COMPLAINTS TO MAGISTRATES

What is Examination of complainant? What is Procedure by Magistrate not competent to take cognizance of the case? What is Postponement of issue of process? What is Dismissal of complaint? Section 200, 201, 202, 203 of Code of Criminal Procedure 1973

What is Issue of process? Magistrate may dispense with personal attendance of accused,  What is Special summons in cases of petty offence? Section 204, 205 and 206 of Code of Criminal Procedure 1973

Supply to the accused of copy of police report and other documents & Supply of copies of statements and documents to accused in other cases triable by Court of Session. Section 207 and 208 of Code of Criminal Procedure 1973

What is Commitment of case to Court of Session when offence is triable exclusively by it? What is Procedure to be followed when there is a complaint case and police investigation in respect of the same offence?. Section 209 and 210 of Code of Criminal Procedure 1973

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