NEW DELHI, Jan 17: The Supreme Court said on Wednesday Section 197 of the Code of Criminal Procedure (CrPC), which deals with prosecution of judges and public servants, does not extend its protective cover to every act or omission of a public servant while in service.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said the shield is restricted to only those acts or omissions which are done by public servants in discharge of their official duties.
The bench referred to sub-section (1) of section 197 which says 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 cognisance of such offence except with the previous sanction of the competent authority.
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