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TMI Blog2009 (5) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... e noted that the trial in this case was held by learned Chief Judicial Magistrate, Sitapur. The accused faced trial for alleged commission of offence punishable under Sections 409, 420, 461 and 468 IPC. The trial court held that the accused was guilty of offence punishable under Sections 409 and 468 IPC. In appeal, learned V Additional Sessions Judge, Sitapur, allowed the appeal primarily on three grounds. Firstly, it was held that the person who accorded sanction was not authorised to do so. Secondly, it was observed that in view of the provisions contained under Sections 218, 219 and 220 of the Code of Criminal Procedure, 1973 (in short 'Code') charges could not have been framed in respect of the transaction for more than one year and, therefore, because of the framing of wrong charges the accused was entitled to acquittal. Finally, it was observed that appropriate questions were not put while the accused was examined under Section 313 of the Code. In this context the Appellate Court referred to the question of sanction by the inappropriate authority. As noted above, the High Court referred to only the question of authority of the person granting sanction. 2. Learned Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer, or upon his knowledge that such offence has been committed. So far as public servants are concerned the cognizance of any offence, by any court, is barred by Section 197 of the Code unless sanction is obtained from the appropriate authority, if the offence, alleged to have been committed, was in discharge of the official duty. The Section not only specifies the persons to whom the protection is afforded but it also specifies the conditions and circumstances in which it shall be available and the effect in law if the conditions are satisfied. The mandatory character of the protection afforded to a public servant is brought out by the expression, 'no court shall take cognizance of such offence except with the previous sanction'. Use of the words, 'no' and 'shall' make it abundantly clear that the bar on the exercise power of the court to take cognizance of any offence is absolute and complete. Very cognizance is barred. That is the complaint cannot be taken notice of. According to Black's law Dictionary the word 'cognizance' means 'Jurisdiction' or 'the exercise of jurisdiction' or 'power to try and determine causes'. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h are done in purported exercise of official duty. That is under the colour of office. Official duty therefore implies that the act or omission must have been done by the public servant in course of his service and such act or omission must have been performed as part of duty which further must have been official in nature. The Section has, thus, to be construed strictly, while determining its applicability to any act or mission in course of service. Its operation has to be limited to those duties which are discharged in course of duty. But once any act or omission has been found to have been committed by a public servant in discharge of his duty then it must be given liberal and wide construction so far its official nature is concerned. For instance a public servant is not entitled to indulge in criminal activities. To that extent the Section has to be construed narrowly and in a restricted manner. But once it is established that act or omission was done by the public servant while discharging his duty then the scope of its being official should be construed so as to advance the objective of the Section in favour of the public servant. Otherwise the entire purpose of affording pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial duties. Following the above legal position it was held in Harihar Prasad, etc. v. State of Bihar 1972CriLJ707 as follows: As far as the offence of criminal conspiracy punishable under Section 120B, read with Section 409, Indian Penal Code is concerned and also Section 5(2) of the Prevention of Corruption Act is concerned, they cannot be said to be of the nature mentioned in Section 197 of the Code of Criminal Procedure. To put it shortly, it is no part of the duty of a public servant, while discharging his official duties, to enter into a criminal conspiracy or to indulge in criminal misconduct. Want of sanction under Section 197 of the Code of Criminal Procedure is, therefore, no bar. 11. Above views are reiterated in State of Kerala v. Padmanabhan Nair 1999CriLJ3696 . Both Amrik Singh (supra) and S.R. Munnipalli (supra) were noted in that case. Sections 467, 468 and 471 IPC relate to forgery of valuable security, Will etc; forgery for purpose of cheating and using as genuine a forged document respectively. It is no part of the duty of a public servant while discharging his official duties to commit forgery of the type covered by the aforesaid offences. Want of sanction und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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