Section:197 of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER XV
OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND
TRIALS
B.-Conditions requisite for Initiation of Proceedings
Prosecution of Judges and public servants
197. (1) When any person who
is a Judge within the meaning of section 19 of the Penal Code, or when any
Magistrate, or when any public servant who is 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 of the Government-
Power of Government as to prosecution
(2) The Government
may determine the person by whom, the manner in which, the offence or offences
for which, the prosecution of such Judge, Magistrate or public servant is to be
conducted, and may specify the Court before which the trial is to be held.
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