AKHILESH PRASAD vs UNION TERRITORY OF MIZORAM

The Supreme Court held that under Section 197(2) of the Code of Criminal Procedure, no court can take cognizance of offences committed by a member of the Armed Forces while acting in discharge of official duty without prior sanction from the Central Government. The Court found that the appellant, a member of the Central Reserve Police Force, was acting in official capacity when the alleged offences occurred, thus necessitating such sanction. The appeal was allowed, quashing the proceedings against the appellant due to lack of jurisdiction of the lower court.