Case Law Analysis
|Supreme Court of India
Section 197 CrPC | Sanction for Prosecution Must Exist at Cognizance Stage, Not Later : SC Sets Binding Precedent
Supreme Court clarifies that protection under Section 197 CrPC is contingent on the existence of sanction at the time cognizance is taken, not upon subsequent notification. This ruling binds lower courts and mandates strict compliance for prosecuting public servants, reinforcing procedural safeguards against arbitrary legal action.