No prior permission is needed to register FIR or to file a private complaint case against a Government servant for an offence that he may have committed.
However, if the offence is committed by a public servant to whom Section 197 of the Criminal Procedure Code is applicable, while acting or purporting to act in the discharge of his official duty, previous sanction of the concerned Government may be necessary before the Court takes cognizance of such offence.
Likewise, if the offence committed by the public servant is under the provisions of the Prevention of Corruption Act, 1988, previous sanction of the competent authority may be needed before the Court takes cognizance of such offence.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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