Crl.A. No. 000159 / 2016

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Prior sanction under Section 197 CrPC is not required to prosecute a public servant for offences of criminal breach of trust under Section 409 IPC, as misappropriation of entrusted property cannot be said to have been committed in the discharge of official duty — mere official capacity providing an opportunity to commit the offence does not establish the requisite nexus. As analysed on casestatus.in, the protection under Section 197 extends only where a reasonable connection exists between the act and the discharge of official duty, not where the official status is incidental to the commission of the offence.