Prior Sanction Under Section 197 CrPC is Mandatory for Public Servants Performing Acts Inextricably Linked to Official Duties

The petitioner, an Assistant Engineer in the Nagar Parishad, Sasaram, was accused of involvement in the siphoning off of government funds related to seven departmental projects in Ward No. 11.

An inquiry committee constituted by the District Magistrate found that projects purportedly completed in 2019-20 had actually been executed years prior under different funds.

The petitioner was alleged to have given technical approval to the estimates based on measurement books submitted by the Junior Engineer.

Consequently, an FIR was lodged, and the CJM, Rohtas, took cognizance of offences under Sections 409, 420, 467, 468, 471, 477A, and 120B of the IPC via order dated 17.08.2021.

The petitioner moved the High Court to quash the cognizance order, primarily arguing the lack of mandatory prosecution sanction.

1. Whether the order taking cognizance is legally sustainable in the absence of prior sanction under Section 197 of the Cr.P.C. for an act performed by a public servant in the discharge of official duty

2. Whether the petitioner’s act of providing technical approval based on submitted measurement books constitutes an act "purporting to act in the discharge of official duty"

Section 197 of the Code of Criminal Procedure (Cr.P.C.), which mandates prior government sanction for prosecuting a public servant for acts committed while acting or purporting to act in the discharge of official duty.

Gurmeet Kaur v. Devender Gupta (2025) 5 SCC 481, which establishes that sanction is a sine qua non if the alleged offence is connected to official duty.

D. Devaraja v. Owais Sabeer Hussain (2020) 7 SCC 695, affirming that proceedings and cognizance are ex facie bad and liable to be quashed under Section 482 Cr.P.C. if initiated without mandatory sanction for acts having a reasonable relationship with official duty.

The Court observed that the petitioner is a public servant and his alleged role—accordance of technical approval to estimates—was an act performed strictly within the scope of his official duties as an Assistant Engineer.

The Court found a "direct nexus" between the alleged act and the official duty, invoking the protection of Section 197 Cr.P.C. to ensure public functionaries are not discouraged by unjustified prosecution.

Furthermore, the Court noted that a Co-ordinate Bench had already quashed the proceedings against a similarly situated Executive Officer in the same case (Cr. Misc. No. 9625 of 2022) due to the absence of sanction.

Since the petitioner was acting in his official capacity, the trial court could not have taken cognizance without the requisite sanction from the competent authority.

The High Court allowed the application and quashed the cognizance order dated 17.08.2021 passed by the learned C.J.M., Rohtas at Sasaram in connection with Sasaram Town P.S. Case No. 156 of 2021.