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deepak dandotiya (lawyer)     21 May 2012

Criminal law

hello friends,

i have a problem reagarding section 197 crpc which says if we want to prosecute a public servant we need prior consent of concerned state govt. or central govt. in respective cases. the problem here that if a govt. servant of M.P. who has committed offence of corruption 1999 in MP was after the partition of  MP was alloted chattisgarh cadre and was framed for corruption charges by MP POLICE  as the offence was committed in MP.

i just wanted to know that which govt.'s prior consent is reqired here, is it the consent of chattisgarh where he is posted now-a -days or the consent of MP govt. where he committed offence.

please give me some or any  ruling if possibe.

thanking in anticipation.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 May 2012

Dear Colleague, 

In my opinion there is no need for a sanction in a case of corruption - for the simple reason that sanction is required u/s 197 only when offence is done or purported to be done in official discharge of duty. Bribery can never be in official discharge of someone's duty. 


(Guest)

i think it is mp govt. since corruption is done in M.P. but is the offence is done in discharging one's duty?


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