Shivam Tah, Institute of Law, NIRMA University
ABSTRACT
This article offers a critical analysis of Section 197 of the Code of Criminal Procedure (CrPC), which protects public servants—such as judges and magistrates—from prosecution without prior government approval when they act or pretend to act in their official duties. Although the clause is meant to protect public employees from needless harassment, it has been abused to conceal unlawful activity under the pretence of performing official tasks. This article examines the contentious classification under Article 14 of the Constitution, which grants immunity to public officials working for the federal or state governments but not for those hired by local governments. It raises concerns about the rationale and equity of this distinction. It highlights the difficulties in striking a balance between protecting public officials and combating power abuse by analysing the feasibility of the previous penalty system. In addition to discussing cases where courts have supported or refused protection under Section 197, the article examines judicial interpretations of actions believed to be performed during government business. It also explores the Governor’s discretionary power to impose sanctions and highlights the need for more precise rules and openness in the sanctioning procedure. To improve the clarity and application of Section 197 and ensure justice and accountability, the article suggests prospective revisions in its conclusion, including the addition of unbiased oversight and changes to the future BNSS.
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