Legal Question in Criminal Law in India

Sanction by Govt for prosecution of Central Govt. Employee under IPC 498A & unde

Sir,

Is Government or Department�s permission required for prosecution of central government employee under IPC 498A as well as under dowry prohibition act. If required and if permission is not taken then can he be acquitted on this ground.


Asked on 2/25/03, 2:53 am

2 Answers from Attorneys
Sanjeev Dudhat Sanjeev Dudhat

Re: Sanction by Govt for prosecution of Central Govt. Employee under IPC 498A &

Under section 197 of Cr. P. C. sanction of the government is required to be obtained for prosecuting public servant accused of any offence alleged to have been committed by him while acting or purporting to act in discharge of his official duty. Prosecution in section 498 A or under the provisions of dowery prohibition act, doesnot constitute to be an offence alleged to have been committed by him while acting or purporting to act in discharge of an official duty. Hence no such sanction is required. I hope this satisfies your query.

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Answered on 2/25/03, 11:26 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Sanction by Govt for prosecution of Central Govt. Employee under IPC 498A &

No sanction is required/necessary to prosecute an employee of central government under section 498A IPC and allied offences.

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Answered on 2/25/03, 3:18 am


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