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Section 197(1) of the Code of Criminal Procedure (CrPC) requires prior sanction for prosecuting public servants under the Prevention of Money Laundering Act (PMLA). The allegations against the respondents involve acts committed while discharging official duties, satisfying the conditions for Section 197(1)'s applicability. The PMLA's Section 65 makes CrPC provisions applicable unless inconsistent with the PMLA. Section 71 cannot override CrPC provisions applied through Section 65. Cognizance against the respondents under PMLA without prior sanction u/s 197(1) CrPC is incorrect. The Supreme Court upheld the High Court's view, dismissing the appeal while allowing proceedings against other accused.
Section 197(1) of the Code of Criminal Procedure (CrPC) requires prior sanction for prosecuting public servants under the Prevention of Money Laundering Act (PMLA). The allegations against the respondents involve acts committed while discharging official duties, satisfying the conditions for Section 197(1)'s applicability. The PMLA's Section 65 makes CrPC provisions applicable unless inconsistent with the PMLA. Section 71 cannot override CrPC provisions applied through Section 65. Cognizance against the respondents under PMLA without prior sanction u/s 197(1) CrPC is incorrect. The Supreme Court upheld the High Court's view, dismissing the appeal while allowing proceedings against other accused.
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