What is Section 197 CrPC?
Section 197 of the CrPC seeks to protect an officer from unnecessary harassment, who is accused of an offence committed while acting or purporting to act in the discharge of his official duties and, thus, prohibits the court from taking cognisance of such offence except with the previous sanction of the competent …
Which act is sanctioned in 1973?
1. Short title. -This Act may be called the Constitution (Thirty-first Amendment) Act, 1973.
For which case the provisions of section 197 of the CrPC would apply?
197. Prosecution of Judges and public servants.
What is the purpose of 1973 CrPC?
It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.
When can court take cognizance against public servants?
161, 164 or s. 165 of the Indian Penal Code or s. 5(2) of the Act committed by a public servant and that person is a public servant, cognizance cannot be taken by a court unless a sanction by the competent authority has been previously accorded.
What is prosecution sanction?
Sanction is a condition precedent to the institution of the prosecution. of a public servant. As per provisions of Section-19 of the PC Act, 1988, no. court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with.
Which act came into force in the year 1973?
THE CONSTITUTION (AMENDMENT) ACTS
| 1. | The Constitution (First Amendment) Act, 1951. Date on which the Act came into force: 18-6-1951 (Date of Assent) |
|---|---|
| 31. | The Constitution (Thirty-first Amendment) Act, 1973. Date on which the Act came into force: 17-10-1973 (Date of Assent). |
What is prior sanction?
Under section 197 of Code of Criminal Procedure (CrPC), prior sanction from a competent officer is needed to prosecute a government servant for alleged criminal act done in discharge of his official duty and “no court shall take cognizance of such offence except with the previous sanction”.
When should the magistrate frame the charge?
Section 246 of the Code states that when in any warrant case otherwise than on a police report, the accused is brought before a Magistrate and the Magistrate upon examination and hearing, is of the opinion that there are sufficient grounds to presume that the accused has committed the offence, then the Magistrate shall …
What is difference between CrPC CPC?
IPC deals with crimes and punishments; CrPC tells about the criminal trial procedure and cpc covers the procedure for civil suits, family disputes etc.
When should the Magistrate frame the charge?
What is the object of Section 197 of the CrPC?
The object of Section 197 of the Code is to guard against vexatious proceedings against Judges, Magistrates and public servants and to secure the opinion of superior authority whether it is desirable that there should be a prosecution.
What is section 197 of the Code of Criminal Procedure?
Section 197 in The Code Of Criminal Procedure, 1973. 197. Prosecution of Judges and public servants.
What kind of car was Chevy Camaro in 1973?
Though the Super Sport (SS) model was discontinued for 1973, Chevy introduced the distinctive and stylish Type LT luxury model. Air conditioning was available on the Z28 for the first time.
Which is protected under Section 107 of CrPC?
Section 107 âPublic servants have to be protected from harassment in the discharge of official duties while ordinary citizens not so engaged do not require this safeguard.