Sanction for prosecution does not cover cheating, fabrication or conspiracy merely because public office is involved.

Sanction for prosecution under Section 197 CrPC applies only where the alleged act has a reasonable nexus with discharge of official duty or is done while acting or purporting to act in that capacity. Cheating, fabrication of records, misappropriation and criminal conspiracy are not official duties and are not protected merely because they were committed under colour of office. The protection is intended to shield bona fide official acts from vexatious prosecution, not criminal misconduct. On the allegations described, sanction was not required, and quashing of the proceedings on that ground was held incorrect.

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Issues: Whether sanction under Section 197 of the Code of Criminal Procedure, 1973 was required for prosecution of public servants accused of cheating, fabrication of records, criminal conspiracy and related offences.

Analysis: Sanction under Section 197 is attracted only when the alleged act has a reasonable nexus with the discharge of official duty, or is done while acting or purporting to act in discharge of that duty. Acts such as cheating, fabrication of records, misappropriation or entering into criminal conspiracy are not official duties and cannot be treated as inseparably connected with the performance of lawful functions. The protection afforded by Section 197 is meant to guard public servants against vexatious prosecution for bona fide official acts, not to shield criminal misconduct committed under the colour of office. The need for sanction may also arise for consideration at the trial stage, depending on the evidence.

Conclusion: Sanction under Section 197 was not required on the allegations in question, and the quashing of the criminal proceedings on that ground was incorrect.

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