Sanction for prosecution does not protect bribery charges when the act falls outside official duty

A public servant is protected by the sanction requirement only where the alleged conduct is reasonably connected with official duty or done while acting, or purporting to act, in its discharge. Receiving a bribe is not an act done in virtue of office and falls outside that protection. The Court therefore held that Section 197 of the Criminal Procedure Code, and the corresponding provision in Section 270 of the Government of India Act, 1935, did not bar the prosecution for bribery under Section 161 of the Indian Penal Code, and sanction for prosecution was not necessary.

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Issues: Whether sanction was required for the prosecution of a public servant charged with bribery under Section 161 of the Indian Penal Code.

Analysis: The applicable test was whether the act complained of could reasonably be said to fall within the scope of official duty or to have been done while acting or purporting to act in the discharge of official duty. Receiving a bribe is not an act done in virtue of office, and the reasoning earlier adopted in the companion decision was reaffirmed. The Court held that the words of Section 197 of the Criminal Procedure Code, and the corresponding provision in Section 270 of the Government of India Act, 1935, do not extend protection to such conduct.

Conclusion: Sanction for prosecution was not necessary, and the appeal failed.

Ratio Decidendi: A public servant is protected by the sanction requirement only when the alleged act is reasonably connected with official duty and can be said to have been done while acting or purporting to act in that discharge; bribery lies outside that protection.

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