https://www.taxtmi.com/caselaws?id=299861 Under the Water (Prevention and Control of Pollution) Act, 1974, the special liability scheme for public servants prevails over the general sanction requirement in the Code of Criminal Procedure. Section 48 creates a deeming fiction regarding the head of department in specified circumstances, subject to rebuttal under its proviso, and Section 60 gives the Act overriding effect. Requiring sanction under Section 197 CrPC would defeat that statutory mechanism. Accordingly, prior sanction was not required before prosecution could proceed under the Water Act. en-us Tue, 10 Mar 2015 00:00:00 +0530 Sat, 01 Jan 2022 08:53:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299861 Under the Water (Prevention and Control of Pollution) Act, 1974, the special liability scheme for public servants prevails over the general sanction requirement in the Code of Criminal Procedure. Section 48 creates a deeming fiction regarding the head of department in specified circumstances, subject to rebuttal under its proviso, and Section 60 gives the Act overriding effect. Requiring sanction under Section 197 CrPC would defeat that statutory mechanism. Accordingly, prior sanction was not required before prosecution could proceed under the Water Act. Case-Laws Indian Laws Tue, 10 Mar 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299861