Prior sanction protection under Section 197 CrPC applied where the alleged act arose during official raid-and-search duties.

Prior sanction under Section 197 CrPC was required because the accused were public servants connected with Union affairs and not removable without Central Government sanction. The alleged Section 504 IPC incident arose during a raid and search carried out in the course of official duties, creating a reasonable nexus between the act complained of and those duties. On that basis, the protection of Section 197 applied, and the prosecution could not proceed without prior sanction. The trial and revisional courts erred in treating the conduct as wholly unconnected with official duty.

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Issues: Whether prior sanction under Section 197 of the Code of Criminal Procedure, 1973 was required before prosecuting the applicants for the alleged offence under Section 504 of the Indian Penal Code, 1860.

Analysis: The applicants were found to be public servants employed in connection with the affairs of the Union and not removable from service without the sanction of the Central Government. The alleged incident arose during a raid and search conducted in the course of their official duties, and the complaint was directly connected with the execution of that duty. Applying the settled test of reasonable connection between the act complained of and official duty, the protection under Section 197 was attracted. The trial court and revisional court erred in treating the act as wholly unconnected with official duty and in refusing sanction protection.

Conclusion: Prior sanction was necessary, and the prosecution could not be sustained without it.

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