Prior sanction )

amarsing m.vasave (Querist) 26 April 2013 This query is : Resolved
1)prior sanction is necessary or not under section 197 of cr.p.c in private complain against the public servant.

2)s.p or locall police station if not take action then what we do ?

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Nadeem Qureshi (Expert) 26 April 2013
Prosecution of Judges and public servants. (1) When any person
who is or was a Judge or Magistrate or a public servant not removable
from his office save by or with the sanction of the Government is accused of
any offence alleged to have been committed by him while acting or
purporting to act in the discharge of his official duty, no Court shall take
cognizance of such offence except with the previous sanction- (a) in the
case of a person who is employed or, as the case may be, was at the time of
commission of the alleged offence employed, in connection with the affairs
of the Union, of the Central Government; (b) in the case of a person who is
employed or, as the case may be, was at the time of commission of the
alleged offence employed, in connection with the affairs of a State, of the
State Government: 1[ Provided that where the alleged offence was
committed by a person referred to in clause (b) during the period while a
Proclamation issued under clause (1) of article 356 of the Constitution
section (2) shall apply to such class or category of the members of the
Forces charged with the maintenance of public order as may be specified
therein, wherever they may be serving, and thereupon the provisions of
that sub- section will apply as if for the expression" Central Government"
occurring therein, the expression" State Government" were substituted.
(3A) 1[ Notwithstanding anything contained in sub- section (3), no court
shall take cognizance of any offence, alleged to have been committed by
any member of the Forces charged with the maintenance of public order in
a State while acting or purporting to act in the discharge of his official duty
during the period while a Proclamation issued under clause (1) of article
356 of the Constitution was in force therein, except with the previous
sanction of the Central Government. (3B) Notwithstanding anything to the
contrary contained in this Code or any other law, it is hereby declared that
any sanction accorded by the State Government or any cognizance taken
by a court upon such sanction, during the period commencing on the 20th
day of August, 1991 and ending with the date immediately preceding the
date on which the Code of Criminal Procedure

Nadeem Qureshi (Expert) 26 April 2013
as per this section perior permission is mendatory, if SP or PS is not ready to take any action send a compliant to cbi

Raj Kumar Makkad (Expert) 27 April 2013
If that public officer took action which was not part of his official duty while discharging his official duty then no sanction is required. There are many judgments on this point. This can be understood by an example. If a police officer forces to provide bribery or malafidely threatens to lodge false cases against any person then such actions do not require prior sanction for filing the private complaint.