Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1979

Supreme Court of India · 1979-07-27

B. SAHA AND ORS. vs M. S. KOCHAR

Citation / case number
SC 1973/60203
Court
Supreme Court of India
Petitioner
B. SAHA AND ORS.
Respondent
M. S. KOCHAR
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that Section 197 of the Criminal Procedure Code, 1898, requires sanction for prosecution of public servants only when the alleged act is done in the discharge of official duties. In this case, the appellants were found to have misappropriated goods they had seized, which did not constitute actions taken in the course of their official duties. The Court upheld the High Court's decision allowing the respondent's revision petition, confirming that no sanction was necessary for prosecution as the appellants were not acting in their official capacity when the misappropriation occurred.

B. SAHA AND ORS. vs M. S. KOCHAR · Niyam