Can a Govt servant tried u/s 166 & 217 IPC?

kapoorsatish (Querist) 22 April 2008 This query is : Resolved
Can Govt. Servant (SEBI/NSE officials) tried U/S 166/167, 217 IPC. Is there any requirement of obtaininf sanction from Govt?

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Guest (Expert) 22 April 2008
Yes. A government servant (or public servant) may be tried for offences only after obtaining sanction of the State/Central government.

Please go through S. 197 of the CrPC.

a.haridasan (Expert) 22 April 2008
dear kapoorsatish ,it is important to be noted that ,only while acting or purporting to act in the discharge of his official duty . a public servant can claim the said privilage.AIR 2004 SC 2179,1995 SCC (CRIME)121,and section 197 not attracted to officers of govt companies or public under takings. plz scn the dicisions in AIR 1998 SC 1945,1998 scc(crl lj}1265.adv.a.haridasan..

Guest (Expert) 23 April 2008
ADDENDUM:

I wish to clarify that Mr A. Haridasan's answer is much more "appropriate" than mine. I wholeheartedly endorse his point of view.