Sanction for Prosecution: Fabrication of records and misappropriation fall outside official duty, so prior sanction was unnecessary.

Section 197(1) CrPC protects a public servant only when the alleged offence is reasonably and integrally connected with the discharge of official duty. Fabrication of records and misappropriation are not acts done in the course of official duty, even if the office created the to commit them. Sanction is not available for crimes merely facilitated by official position. Previous sanction was therefore not required, and the contrary view taken below was unsustainable.

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Issues: Whether previous sanction under Section 197(1) of the Code of Criminal Procedure, 1973 was necessary to prosecute a public servant for alleged fabrication of records and misappropriation.

Analysis: Section 197(1) protects a public servant only where the alleged offence is committed while acting or purporting to act in the discharge of official duty, that is, where there is a reasonable and integral connection between the act complained of and the performance of public duty. An act of fabricating records or misappropriating funds is not part of official duty, even if the office afforded the opportunity to commit it. The protection of sanction cannot be extended to crimes merely facilitated by official position.

Conclusion: Previous sanction was not required, and the contrary view of the courts below was unsustainable.

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