Sanction for Prosecution Not Required: manufacturing of forged documents not the part of the official duty: Supreme Court

In a significant ruling, the Supreme Court of India has overturned a decision by the Karnataka High Court regarding the necessity of sanction for prosecuting a public servant under Section 197 of the Code of Criminal Procedure. The case involved respondent No. 2, a village accountant, accused of fabricating official documents.

The Apex Court’s judgment, led by Justices Abhay S. Oka and Ujjal Bhuyan, highlights the nuanced interpretation of legal provisions concerning the prosecution of public servants. The Supreme Court observed, “Certainly, a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant” [Para 25]. This observation is pivotal in understanding the court’s stance on the matter.

The initial complaint, lodged in 2016, accused the respondent of creating false documents for illegal gain. While the High Court initially refused to interfere with the FIR, it later quashed the complaint and chargesheet due to the absence of sanction for the prosecution of the public servant, which became the crux of the appeal in the Supreme Court.

The Supreme Court, in its detailed analysis, remarked on the essence of Section 197 Cr.PC, stating, “Section 197 Cr.PC does not extend its protective cover to every act or omission of a public servant while in service. It is restricted to only those acts or omissions which are done by public servants in the discharge of official duties” [Para 23]. This statement clarifies the court’s interpretation of the law in contexts where public servants’ actions are allegedly criminal and unconnected with their official duties.

In setting aside the High Court’s order, the Supreme Court has remanded the matter for further proceedings, ensuring that the judicial approach aligns with the legal framework governing the sanction for the prosecution of public servants. This judgment is expected to have significant implications for cases involving alleged criminal activities by public servants in India.

Date of Decision: 17th January 2024

SHADAKSHARI VS STATE OF KARNATAKA & ANR.