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Supreme Court Reaffirms Prior Sanction Protection for Retired Public Servants

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The Supreme Court has clarified that the legal protection requiring prior government sanction for prosecuting public servants under Section 197 of the CrPC extends to retired officials for acts performed during their service. This ruling aims to prevent malicious prosecution and ensure administrative stability.

The Supreme Court of India, in a significant ruling, has reaffirmed that the protection of prior sanction under Section 197 of the Code of Criminal Procedure (CrPC) is available to retired public servants. This protection applies to acts performed in the discharge of their official duties during their tenure. The judgment clarifies that the mere fact of retirement does not strip an official of the immunity intended to protect them from vexatious and malicious legal proceedings. Section 197 of the CrPC mandates that no court shall take cognizance of any offense alleged to have been committed by a public servant while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Central or State Government. The Court emphasized that this provision is a safeguard for honest officers, ensuring they can perform their duties without the constant fear of post-retirement legal harassment.

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