Prior sanction under Section 197 CrPC depends on a reasonable link between the alleged act and official duty.

Prior sanction under Section 197 CrPC is required only when the alleged act bears a reasonable connection with the discharge of official duty, so that it can be said to have been done in the course of performance of duty or in purported exercise of that duty. Acts done purely in a private capacity do not receive that protection. On the allegations of kicking and abusing the complainant, the acts were not shown to have the necessary connection with official duty at the stage of cognizance, so prior sanction was not required and the order insisting on it could not be sustained.

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Issues: Whether sanction under Section 197 of the Code of Criminal Procedure was required before prosecuting a public servant for the alleged acts of kicking and abusing the complainant.

Analysis: The governing test is whether there is a reasonable connection between the act complained of and the discharge of official duty, so that the public servant can reasonably claim that the act was done in the course of performing duty or in purported exercise of duty. Acts done purely in a private capacity are outside the protection of the section. On the allegations in the complaint, the acts of assault and abuse were not shown to bear that connection with official duty at the stage of cognizance.

Conclusion: Sanction under Section 197 of the Code of Criminal Procedure was not required on the facts alleged, and the order requiring prior sanction could not be sustained.

Final Conclusion: The appeal succeeded and the High Court's order was set aside.

Ratio Decidendi: Prior sanction is required only where the alleged act bears a reasonable connection with the discharge of official duty, so that it can be said to have been done in the course of performance of duty or in purported exercise of that duty.

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