NANDU PRASAD vs STATE OF BIHAR

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 the prosecution of public servants in relation to actions performed in the discharge of their official duties. The appeal was allowed, and the order of the High Court was set aside, emphasizing the need for adherence to procedural safeguards in prosecuting law enforcement personnel.