Section 197 CrPC protection is limited to official duty and does not cover fabrication of records

Section 197 CrPC protects a public servant only where the alleged conduct has a reasonable nexus with official duty, and it does not extend to fabrication of records or creation of fake documents. On the facts described, whether the respondent acted in discharge of official duty was a matter for trial, so prior sanction was not shown to be an immediate bar at the threshold. The High Court also erred in quashing the complaint and chargesheet in their entirety, particularly where the challenge was not confined to the chargesheet and other accused persons remained in the case.

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Issues: Whether prior sanction under Section 197 of the Code of Criminal Procedure, 1973 was required to prosecute a public servant accused of creating fake documents and whether the High Court was justified in quashing the complaint and chargesheet in their entirety.

Analysis: Section 197 protects a public servant only when the alleged act bears a reasonable connection with the discharge of official duty. The protection does not extend to every act done by a public servant while in service, and fabrication of records or creation of fake documents is not, by itself, an official duty. The question whether the respondent acted in discharge of official duty was therefore a matter for trial. The quashing was also excessive because the challenge was not confined to the chargesheet and there were other accused persons in the case.

Conclusion: Prior sanction was not shown to be a bar at the threshold, and the High Court erred in quashing the complaint and chargesheet in their entirety. The decision is in favour of the appellant.

Ratio Decidendi: The protective ambit of Section 197 of the Code of Criminal Procedure, 1973 is confined to acts reasonably connected with official duty and does not extend to fabrication of records or similar acts that are not part of that duty.

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