The Supreme Court has reiterated that sanction for prosecution as per Section 197(1) of the Code of Criminal Procedure is required even in cases where the official was acting in excess of his official duties.
A bench comprising Justices V Ramasubramanian and Pankaj Mithal held so while acquitting a person, who was formerly an Executive Director of the Bharat Heavy Electricals Limited (BHEL), in a corruption case.
Referring to various precedents such as D. Devaraja vs. Owais Sabeer Hussain, the bench stated that “sanction is required not only for acts done in the discharge of official duty but also required for any act purported to be done in the discharge of official duty and/or act done under colour of or in excess of such duty or authority”.
“Even in facts of a case when public servant has exceeded in his duty, if there is reasonable connection it will not deprive him of protection under Section 197 CrPC”, the judgment quoted from Devinder Singh vs. State of Punjab through CBI.