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Questions and Answers
What can the State Government do according to sub-section (3)?
What can the State Government do according to sub-section (3)?
Under what condition can a Court take cognizance of an offence committed by a member of the Forces when acting in their official capacity?
Under what condition can a Court take cognizance of an offence committed by a member of the Forces when acting in their official capacity?
Who determines how and by whom the prosecution of certain public servants is conducted?
Who determines how and by whom the prosecution of certain public servants is conducted?
What happens when a Proclamation under clause (1) of article 356 is in force?
What happens when a Proclamation under clause (1) of article 356 is in force?
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Which expression is replaced when the provisions of sub-section (2) are applied to members of the Forces by State Government?
Which expression is replaced when the provisions of sub-section (2) are applied to members of the Forces by State Government?
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What is required before a court can take cognizance of an offense committed by a Judge or Magistrate while performing official duties?
What is required before a court can take cognizance of an offense committed by a Judge or Magistrate while performing official duties?
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In what situation is the sanction of the Central Government required for a public servant accused of an offense?
In what situation is the sanction of the Central Government required for a public servant accused of an offense?
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What happens if the government does not take a decision within 120 days regarding the request for sanction?
What happens if the government does not take a decision within 120 days regarding the request for sanction?
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Which of the following sections of the Bharatiya Nyaya Sanhita does not require sanction for public servants?
Which of the following sections of the Bharatiya Nyaya Sanhita does not require sanction for public servants?
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What is the significance of the proclamation issued under article 356 of the Constitution in relation to offenses committed by public servants?
What is the significance of the proclamation issued under article 356 of the Constitution in relation to offenses committed by public servants?
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Which group of individuals is required to obtain previous sanction from the Central Government before a court case can proceed?
Which group of individuals is required to obtain previous sanction from the Central Government before a court case can proceed?
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What type of offenses does section 197 specifically address in relation to public servants?
What type of offenses does section 197 specifically address in relation to public servants?
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What role does the Lokpal and Lokayuktas Act, 2013 play regarding cognizance of offenses against public officials?
What role does the Lokpal and Lokayuktas Act, 2013 play regarding cognizance of offenses against public officials?
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Study Notes
Judicial and Public Servant Offenses
- Courts cannot prosecute judges, magistrates, or public servants accused of offenses committed during official duties without prior government sanction, except in specific cases.
Exceptions to Sanction Requirement
- Union/Central Government Employees: No sanction required for offenses committed by those employed by the Union or Central Government.
- State Government Employees: No sanction required for offenses committed by a state employee, unless a national emergency (Article 356 proclamation) is in effect. In that case, the Central Government's sanction is needed.
- Specific Offenses: No sanction needed for offenses under certain sections of the Bharatiya Nyaya Sanhita (2023 law).
Armed Forces Offenses
- Courts cannot prosecute Armed Forces members for offenses committed during duty without prior Central Government sanction.
State Government's Authority Over Armed Forces
- State Governments can designate specific Armed Forces personnel related to maintaining public order as falling under their sanction jurisdiction (sub-section 3).
- During national emergencies (Article 356 proclamation), even state-designated personnel require Central Government sanction.
Government's Role in Prosecution
- The government (Central or State) decides who carries out the prosecution, the method of prosecution, the offense(s), and the court jurisdiction for the trial.
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Description
This quiz explores the legal framework surrounding the prosecution of judges, magistrates, and public servants in India. It covers the conditions under which government sanction is required and the exceptions applicable to Union and State Government employees, as well as Armed Forces members. Test your knowledge of these legal provisions and their implications.
