Nandu Prasad & Anr vs State Of Bihar & Anr

The Supreme Court addressed the issue of whether the prosecution of police officers under Section 302 IPC requires prior sanction under Section 197 of the Code of Criminal Procedure. The Court held that such sanction is indeed necessary for prosecution, particularly when the allegations involve actions taken in the course of official duty. The High Court's dismissal of the appellants' application was upheld, but the Court emphasized that the issue of sanction could be raised during the charge framing stage.