R. BALAKRISHNA PILLAI vs STATE OF KERALA

The Supreme Court addressed two key questions regarding the necessity of sanction for prosecution under the Prevention of Corruption Act, 1947. It held that sanction under Section 197(1) of the Code of Criminal Procedure is required for prosecuting a public servant for offenses committed while in office, even if they have since retired. The Court emphasized that the protection under Section 197 is applicable post-retirement to prevent misuse of the law by private individuals against former public servants.