Code of Criminal Procedure, 1973–Sec. 197–Penal Code, 1860–Secs. 406, 409, 420–Scope for obtaining the prosecution sanction–It can be no part of the duty of a public servant or acting in the discharge of his official duties to commit any of the offence covered by Secs. 406, 409, 420, etc. and the official status of the public servant can at best only provide an opportunity for the commission of the offence–Therefore, no sanction for prosecution of the public servant for such offence would be required u/s. 197 of the Code.


