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december 2003

Supreme Court of India · 2003-12-09

STATE OF H P vs M P GUPTA

Citation / case number
SC 1997/3582
Court
Supreme Court of India
Petitioner
STATE OF H P
Respondent
M P GUPTA
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT. DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court examined the applicability of Section 197 of the Code of Criminal Procedure, 1973, in relation to the prosecution of a public servant. The Court upheld the High Court's ruling that without the requisite sanction under Section 197, the proceedings against the accused could not proceed. The judgment clarified that the requirement of sanction is essential for offenses committed by public servants while acting in the discharge of their official duties, thereby reinforcing the protection afforded to such individuals under the law.

STATE OF H P vs M P GUPTA · Niyam