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N.K.Assumi (Advocate)     18 December 2009

Sanction under section 132 and 197 CrPc.

If a sanction under sections 132 and 197 of the Criminal Procedure Code are required in a criminal case, Can sanction under 197 or 132 alone will be sufficient to proceeds with the case?



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 1 Replies

Devajyoti Barman (Advocate)     20 December 2009

The sec132 of the Code deals with the persons of law enforcing and armed forces of India for whom the sanction is required to be taken before making any criminal prosecution and it also gives them in immunity under certain circumatances as provided for in the Act whereaas sec197 of the Code deals with public servants and judges for whom the sanction is required for criminal prosecution. So invoking sanction under those two sections depends upon the type of person to be prosequted and hence sanction under the two Acts simultaneously is not a necessity.


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