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august 1973

Supreme Court of India · 1973-08-29

PUKHRAJ vs STATE OF RAJASTHAN & ANR.

Citation / case number
SC 1972/60333
Court
Supreme Court of India
Petitioner
PUKHRAJ
Respondent
STATE OF RAJASTHAN & ANR.
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court held that Section 197 of the Code of Criminal Procedure requires prior sanction for prosecuting a public servant for acts done in the discharge of their official duties. The Court clarified that the intention behind this provision is to protect public servants from harassment, and that the requirement for sanction applies even if the act was done with a dishonest intention while purporting to act in their official capacity. The Court overturned the Rajasthan High Court's decision, allowing the prosecution of the Post Master General without prior sanction, thereby reinstating the Magistrate's order.

PUKHRAJ vs STATE OF RAJASTHAN & ANR. · Niyam