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Kunwar Rajinder Bhatyal   21 August 2020

is seccognizabletion 218 offence

is seccognizabletion 218 offence


Quick Summary
Section 218 of the Indian Penal Code (IPC) defines a cognizable offence that is bailable and triable by a 1st class Magistrate, carrying a maximum sentence of three years plus a fine. Crucially, when this section applies to a government servant, prior permission to prosecute is required from the government. The discussion clarifies that this sanction, often governed by Section 197 of the Criminal Procedure Code (CrPC), is necessary to protect public servants from frivolous or vexatious proceedings related to their official duties, though this protection is limited to acts reasonably connected to their role.

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 August 2020

Section 218 reads as Separate charges for distinct offences

The object of section 218 is to save the accused from being embarrassed in his defence if distinct offences are lumped together in one charge or in separate charges & are tried together

Mastan   28 September 2020

when this sanction u/se 197 crpc required?

at the time filing complaint?

at the time of filing charge sheet?

at the time of taking cognizance?

---

who has to apply for crpc 197 sanction and to whom?   

the victim

or

the police

or

the court(if 156(3) has been filed).

 


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