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.