Ensuring Accountability: The Prosecution of Public Servants
- NLR Journal
- Mar 30
- 1 min read
By Vijay Dattarao Andhale, LL.M., National Law School of India University, Bengaluru.
Abstract
The prosecution of public servants for a criminal offence possesses a significant challenge in balancing the need for accountability and necessity of protecting officials from undue interference in discharge of their official duties. S. 197 of the CrPC,1973, acts as a safeguard by requiring prior sanction before prosecuting public officials for acts performed while carrying their official duties allegedly construing an offence. The provision seeks to protect honest officials from frivolous litigation, it can be criticized for hindering justice in corruption cases and for its ambiguous scope and application. This study aims to examines the evolution of Section 197 through key judicial decisions, its underlying rationale, and its broader implications for governance and justice. It also deals with procedural and constitutional aspects, including the discretionary authority in granting sanctions, judicial interpretations, and the relevance of the double jeopardy doctrine. Furthermore, the research assesses reforms introduced by the Bhartiya Nagarik Suraksha Sanhita, 2023, which mandates time bound decision making on sanction requests to address procedural delays. Through this analysis, the study aims to provide a nuanced understanding of how to balance effective accountability mechanisms with protections for public officials.
Comments