In regards to the explanation given to section 197 CrPC, Karnataka High Court categorically held as follows,
B.G. Prakash Kumar Vs The Commissioner on 23 Feb 2015
20. The submission that the sanction is necessary, as the appellants are not facing the charges under the Sections enumerated in the newly inserted Explanation to Section 197 does not commend itself to us. The Memorandum explaining the modifications contained in the Criminal Law Amendment 2013 itself states that the Explanation to Section 197 is proposed to be inserted so as to clarify that no sanction is required for prosecuting a public servant, if the offence relates to crimes against woman. Such a clarification cannot be stretched to mean that the sanction for prosecuting a public servant is a must, if the offence alleged does not relate to a crime against woman.
Shades of Knife
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