Supreme Court of India · 2000-04-19
Gauri Shankar Prasad vs State Of Bihar And Anr
- Citation / case number
- AIR 2000 SUPREME COURT 3517
- Court
- Supreme Court of India
- Petitioner
- Gauri Shankar Prasad
- Respondent
- State Of Bihar And Anr
- Author
- D.P. Mohapatra
- Bench
- K.T. Thomas, D.P. Mohapatra
Judgment text excerpt
The Supreme Court examined the applicability of Section 197 of the Code of Criminal Procedure in the context of actions taken by a public servant during the discharge of official duties. The Court held that the protection under Section 197 is not applicable when the act is done in excess of authority or in a manner that is not in good faith. The appeal was allowed, and the High Court's decision was set aside, allowing the prosecution to proceed against the accused public servant.