Date of the Judgment: 2nd January, 2025 Citation: 2025 INSC 16 Judges: C.T. Ravikumar, J. and Sanjay Karol, J. Can a public servant be prosecuted for actions taken in their official capacity, even if those actions are later found to be connected to a fraud? The Supreme Court of India recently addressed this crucial question […]
Supreme Court Clarifies Sanction Requirements for Public Servants in Conspiracy Cases: Om Prakash Yadav vs. Niranjan Kumar Upadhyay & Ors (2024) INSC 979 Date of the Judgment: 13th December 2024 Citation: (2024) INSC 979 Judges: J.B. Pardiwala, J., Manoj Misra, J. Can a public servant be prosecuted for conspiracy without prior government sanction? The Supreme
Supreme Court Requires Sanction for Public Servants under PMLA: Directorate of Enforcement vs. Bibhu Prasad Acharya (2024) LEGAL ISSUE: Whether prior sanction under Section 197 of the Code of Criminal Procedure is required to prosecute public servants for offences under the Prevention of Money Laundering Act, 2002. CASE TYPE: Criminal Law, Prevention of Money Laundering
Supreme Court Clarifies Sanction Validity and Timelines under UAPA LEGAL ISSUE: Validity of Sanction Order under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and adherence to statutory timelines. CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act. Case Name: Fuleshwar Gope vs. Union of India & Ors. Judgment Date: 23 September 2024 Introduction Date of the
Supreme Court quashes criminal complaint against SAF officers in land dispute case: Murari Lal Chhari vs. Munishwar Singh Tomar (2024) INSC 168 (4 March 2024) LEGAL ISSUE: Whether a criminal complaint against public servants for actions related to a land dispute should be quashed when a prior contempt petition on the same issue was dismissed.
Supreme Court Clarifies Sanction for Prosecution of Public Servants in Document Fabrication Cases LEGAL ISSUE: Whether prior sanction is required to prosecute a public servant accused of creating fake documents while misusing their official position. CASE TYPE: Criminal Law. Case Name: Shadakshari vs. State of Karnataka. Judgment Date: 17 January 2024 Introduction Date of the
Supreme Court quashes summons against public servant in Uphaar tragedy case for lack of sanction Date of the Judgment: 20 April 2023 Citation: [Not Available in Source] Judges: K.M. Joseph, B.V. Nagarathna, and Aravind Kumar, JJ. Can a public servant be prosecuted for actions taken in their official capacity without prior government sanction? The Supreme
Supreme Court quashes criminal proceedings against public servant for lack of sanction: Amod Kumar Kanth vs. Association of Victims of Uphaar Tragedy (2023) LEGAL ISSUE: Whether a public servant can be prosecuted without prior government sanction for actions taken in their official capacity. CASE TYPE: Criminal Law Case Name: Amod Kumar Kanth vs. Association of
Supreme Court Clarifies Sanction Under Section 197 CrPC in Police Misconduct Case Date of the Judgment: 12 April 2023 Citation: (2023) INSC 359 Judges: Abhay S. Oka, J., Rajesh Bindal, J. Can a criminal complaint against a police officer be quashed at the initial stage for lack of prior sanction under Section 197 of the
Supreme Court clarifies the need for sanction under Section 197 CrPC in cases against police officers: Dr. S.M. Mansoori vs. Surekha Parmar & Ors. (2023) INSC 363 (12 April 2023) LEGAL ISSUE: Whether prior sanction under Section 197 of the Code of Criminal Procedure, 1973 is required to prosecute a police officer for alleged offenses
Supreme Court Clarifies Sanction for Prosecution Under Prevention of Corruption Act: Vijay Rajmohan vs. State (2022) LEGAL ISSUE: Whether consulting the Central Vigilance Commission (CVC) invalidates a sanction for prosecution under the Prevention of Corruption Act, 1988, and whether the three-month time limit for granting sanction is mandatory. CASE TYPE: Criminal Law, Prevention of Corruption
Supreme Court Clarifies Protection for Public Servants Under Section 197 CrPC in Forgery Case: Indra Devi vs. State of Rajasthan (2021) LEGAL ISSUE: Whether a public servant is entitled to protection under Section 197 of the Code of Criminal Procedure (CrPC) for actions related to forgery and fraud during their official duties. CASE TYPE: Criminal
