The Code of Criminal Procedure, 1973  - Section 197 (2)

Armed Forces J & K (Special Powers) Act, 1990 - Issue of sanction - good faith - Explained - Held - The question of sanction is of paramount importance for protecting a public servant who has acted in good faith while performing his duty. In order that the public servant may not be unnecessarily harassed on a complaint of an unscrupulous person, it is obligatory on the part of the executive authority to protect him - The act complained of may fall within the description of the action purported to have been done in performing the official duty - Therefore, if the alleged act or omission of the public servant can be shown to have reasonable connection inter- relationship or inseparably connected with discharge of his duty, he becomes entitled for protection of sanction - If the law requires sanction, and the court proceeds against a public servant without sanction, the public servant has a right to raise the issue of jurisdiction as the entire action may be rendered void ab-initio for want of sanction - In such a situation the court would not proceed without sanction of the competent statutory authority.

The Code of Criminal Procedure, 1973  - Section 197 (2)

Armed Forces J & K (Special Powers) Act, 1990 - Section 7 - Sanction for Prosecution - Person aggrieved to file a suit, prosecution etc. in respect of anything done or purported to be done by a Army personnel, in good faith, in exercise of power conferred by the Act, except with the previous sanction of the Central Government. Use of words like 'No' and 'shall' in Section 7 of the Act 1990 denotes the mandatory requirement of obtaining prior sanction of the Central Government before institution of the prosecution, suit or legal proceedings - From the conjoint reading of Section 197(2) Cr.P.C. and Section 7 of the Act 1990, it is clear that prior sanction is a condition precedent before institution of any legal proceedings.

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