https://www.taxtmi.com/caselaws?id=196874 Section 197 CrPC protects a public servant from prosecution only where the alleged offence has a reasonable nexus with official duty; it does not cover criminal acts merely committed by a public servant, and conspiracy or forgery are not automatically within official functions. Sanction is therefore not a blanket precondition and depends on the connection between the act complained of and the duty performed. The text also states that irregularities in framing charges or in a Section 313 examination do not invalidate proceedings unless failure of justice is shown, with prejudice to be established by the accused. On that basis, the refusal of leave was set aside and the appeal was directed to be heard on merits. en-us Tue, 05 May 2009 00:00:00 +0530 Mon, 11 May 2026 13:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196874 Section 197 CrPC protects a public servant from prosecution only where the alleged offence has a reasonable nexus with official duty; it does not cover criminal acts merely committed by a public servant, and conspiracy or forgery are not automatically within official functions. Sanction is therefore not a blanket precondition and depends on the connection between the act complained of and the duty performed. The text also states that irregularities in framing charges or in a Section 313 examination do not invalidate proceedings unless failure of justice is shown, with prejudice to be established by the accused. On that basis, the refusal of leave was set aside and the appeal was directed to be heard on merits. Case-Laws Indian Laws Tue, 05 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196874