The Supreme Court has made it clear that public servants cannot use immunity to hide corrupt actions. In a recent ruling, the Court emphasized that prior sanction for prosecution, under Section 197 of the Code of Criminal Procedure (CrPC), should not be used as a cover for illegal activities committed by public officials.

What is Section 197 CrPC?

Section 197 of the CrPC protects public servants, wherein criminal proceedings cannot be initiated against them without taking prior sanction, but for acts done in the course of official duties. The Court said that this provision is not meant to shield public servants from prosecution if they are engaged in unlawful activities under the guise of official duties. 

“The provision must not be abused by public servants to camouflage the commission of a crime under the supposed color of public office,” said the bench, comprising Justices JB Pardiwala and Manoj Misra.

The Court pointed out that immunity cannot be granted to public officials who misuse their authority for personal gains or to commit crimes.It made it clear that illegal actions unrelated to official duties should not be protected by Section 197 CrPC. 

"In such circumstances, the acts committed must be considered dehors the duties which a public servant is required to discharge or perform," the bench stated.

The ruling came in the context of a case where police officers of Madhya Pradesh, are alleged to have lodged a false FIR for providing an alibi for the accused of a murder case. The Court stated that it is serious as it relates to official conduct, which has to be put to the test by proper trial, and see whether it falls under official duty or is criminal misconduct.

Why this ruling matters

The judgment aims to ensure that honest public servants can carry out their duties without fear of unjust prosecution, but it also draws a clear line when it comes to misconduct. 

“It is an assurance to honest and sincere officers so that they can perform their public duties honestly... without being demoralized,” said the bench.

The Court further clarified the scope of Section 197 CrPC by outlining certain key principles. First, the action must be clearly within or related to the public servant's official duties. If it lies outside the scope of those official duties, immunity does not apply. Then, the nature of the act must be scrutinized in depth. 

“The mere fact that an opportunity to commit an offence is furnished by the official position is not enough to attract the protection,” the Court noted. 

It added that acts of corruption or collusion, even if carried out in an official capacity, cannot be covered under Section 197.

About the case

The case before the Supreme Court involved Madhya Pradesh police officers who allegedly filed a false FIR in Gwalior to help a murder accused in Uttar Pradesh. The police officers were accused of creating a false alibi for the accused, who was said to be in two places at once—over 160 kilometers apart. The Court emphasized that lodging a bogus case and fabricating evidence has no link to official duties, and such acts fall outside the scope of Section 197.

In its judgment, the Court held that extending immunity to such misconduct would undermine the accountability expected of public servants.

The Supreme Court directed the trial court to continue with the case, emphasizing that it should be decided within a year. Whether sanction for prosecution is needed will be determined by the trial court if new evidence reveals that the acts were part of official duties.

The Court condemned the premature halt of proceedings by the high court; it commented that when there are doubts whether prior sanction was required or not, a trial need not be stalled. Such premature intervention would defeat the very purposes of justice and no proper review of facts could be done to arrive at a just and fair verdict.