Judicial and Public Servant Offenses

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Questions and Answers

What can the State Government do according to sub-section (3)?

  • Determine the manner of prosecution without any government involvement.
  • Prosecute members of the Forces without any restrictions.
  • Substitute the expression 'Central Government' for 'State Government'. (correct)
  • Direct that certain provisions apply to a specified class of members. (correct)

Under what condition can a Court take cognizance of an offence committed by a member of the Forces when acting in their official capacity?

  • If the offence was reportable by the State Government.
  • If the offence occurred during wartime.
  • With the permission of the Central Government. (correct)
  • When the member has completed their service.

Who determines how and by whom the prosecution of certain public servants is conducted?

  • The local jurisdiction of the Court.
  • The individual member of the Forces involved.
  • Either the Central Government or the State Government. (correct)
  • Only the Central Government.

What happens when a Proclamation under clause (1) of article 356 is in force?

<p>No cognizance can be taken of offences unless approved by the Central Government. (C)</p> Signup and view all the answers

Which expression is replaced when the provisions of sub-section (2) are applied to members of the Forces by State Government?

<p>Central Government (B)</p> Signup and view all the answers

What is required before a court can take cognizance of an offense committed by a Judge or Magistrate while performing official duties?

<p>Previous sanction from the government (D)</p> Signup and view all the answers

In what situation is the sanction of the Central Government required for a public servant accused of an offense?

<p>When the offense is alleged to have occurred during official duty (D)</p> Signup and view all the answers

What happens if the government does not take a decision within 120 days regarding the request for sanction?

<p>The sanction is deemed to have been accorded (B)</p> Signup and view all the answers

Which of the following sections of the Bharatiya Nyaya Sanhita does not require sanction for public servants?

<p>Section 66 (A)</p> Signup and view all the answers

What is the significance of the proclamation issued under article 356 of the Constitution in relation to offenses committed by public servants?

<p>It allows Central Government sanction in place of State Government sanction (C)</p> Signup and view all the answers

Which group of individuals is required to obtain previous sanction from the Central Government before a court case can proceed?

<p>Members of the Armed Forces of the Union (C)</p> Signup and view all the answers

What type of offenses does section 197 specifically address in relation to public servants?

<p>Offenses committed while acting in their official capacity (A)</p> Signup and view all the answers

What role does the Lokpal and Lokayuktas Act, 2013 play regarding cognizance of offenses against public officials?

<p>It provides a separate mechanism for sanction (B)</p> Signup and view all the answers

Flashcards

Judicial Offence Sanction

Courts cannot prosecute judges/magistrates/public servants (not removable without govt. approval) for offenses alleged during official duties without prior government approval, except in specific situations.

Union/State Govt. Employee Offences

If a Union or State government employee commits an offense during work, Court action requires prior sanction from the relevant government (Union/State), unless it falls under specific exceptions (e.g. Lokpal and Lokayuktas Act, or Bharatiya Nyaya Sanhita clauses).

Offenses under Lokpal & Lokayuktas Act

Exceptions to the prior sanction requirement for offenses committed by government emplyees are provided by the Lokpal and Lokayuktas Act, 2013.

State Proclamation

During a period of a constitutional emergency in a state, cases against state employees require sanction from the Central Government instead of the state.

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Sanction Timeframe

Government has 120 days to decide on a sanction request; if no decision, sanction is implied.

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Bharatiya Nyaya Sanhita Exceptions

Certain offenses under the Bharatiya Nyaya Sanhita, 2023 do not require government sanction.

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Armed Forces Sanction

Court action against members of the Union Armed Forces performing their duties needs Central Government approval.

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Court Cognizance

When a court can officially handle (consider or take into account) a case.

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State Government's Power

The State Government can decide which forces maintain public order by applying specific laws.

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Court's power restriction

Courts cannot prosecute an officer maintaining public order if they acted during a state emergency, without prior permission from the central government.

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Central Government's power

Regarding prosecution of public officers, the central government can decide who handles the case, the method, the offenses and the court used.

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Emergency Provision

Specific provisions apply during a state of emergency in the Constitution (Art 356).

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Forces Charged with Order

Groups of people formally responsible for keeping the peace and maintaining public order in a state.

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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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