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

april 2000

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.

Gauri Shankar Prasad vs State Of Bihar And Anr · Niyam