Prior sanction for prosecution of a public servant depends on a direct nexus between the alleged act and official duty.

Section 197 CrPC protects a public servant from prosecution only when the alleged act or omission bears a reasonable and direct connection with official duty. The relevant test is whether the conduct is directly concerned with the public servant's official function, not whether it is later alleged to be improper or dishonest. Here, the alleged role arose from processing land-allotment papers within the respondent's official domain, and the same transaction had already attracted protection for similarly placed officers. Because the allegation related to the same file-processing and paperwork, and no prior sanction had been obtained before cognisance, prior sanction was required and the respondent was entitled to protection.

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Issues: Whether the alleged acts attributed to the public servant had a reasonable and direct connection with the discharge of official duty so as to attract the requirement of prior sanction under Section 197 of the Code of Criminal Procedure, 1973.

Analysis: Section 197 protects a public servant from prosecution for offences committed while acting or purporting to act in the discharge of official duty, but the protection is available only where the act complained of bears a reasonable connection with such duty. The test is whether the alleged omission or act is directly concerned with the official function and not whether the conduct is ultimately alleged to be improper or even dishonest. On the facts, the role assigned to the respondent arose from processing land-allotment papers within his official domain, and similarly placed officers involved in the same transaction had already been granted protection. The allegation against the respondent was connected with the same processing of the file and paper work, and no sanction had been obtained before cognisance.

Conclusion: Prior sanction was required and, in its absence, the respondent was entitled to protection under Section 197 of the Code of Criminal Procedure, 1973. The challenge to the High Court's order failed.

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