Sanction for prosecuting public servants depends on statutory protection and official duty nexus, not mere service status.

Section 197 CrPC applies only where the accused is a public servant not removable from office except by, or with the sanction of, the Government, and the alleged act was done while acting or purporting to act in the discharge of official duty. The SC noted that the appellant was not shown to hold such a post, and even if treated as a public servant, the statutory precondition for sanction was absent. The fact that the appointing or removing authority derived power from regulations under a parliamentary enactment did not make Government sanction for removal necessary. Sanction was therefore not required and prosecution could proceed.

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Issues: Whether sanction under Section 197 of the Code of Criminal Procedure, 1973 was required for prosecuting the appellant for offences under the Indian Penal Code.

Analysis: Section 197 applies only where the accused is a public servant who is not removable from office save by or with the sanction of the Government, and the alleged offence was committed while acting or purporting to act in the discharge of official duty. The appellant was not shown to hold a post from which removal required Government sanction. Even assuming that the appellant was a public servant, the statutory condition for attracting Section 197 was absent. The fact that the appointing or removing authority derived power under regulations framed under parliamentary enactment did not alter the position, because that did not mean removal could be effected only by, or with the sanction of, the Government.

Conclusion: Sanction under Section 197 was not necessary and the prosecution was maintainable.

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