Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC

Case: Pravinsinh Jhala V/S State Of Gujarat & 3 Other(S)

Corum: Justice Nikhil S. Kariel

Case No.: R/CR.MA/1799/1996

Court Observation: “To get such a benefit and to put off a clear decision on the question whether his conduct amounts to an offence or not, the appellant has to show (i) that there was an unlawful assembly or an assembly of five or more persons likely to cause a disturbance of the public peace ; (ii) that such an assembly was commanded to disperse ; (iii) that either the assembly did not disperse on such command or, if no command had been given; its conduct had shown a determination not to disperse ; and (iv) that in the circumstances he had used force against the members of such assembly.”

“Public servants have been treated as a special category in order to protect them from malicious or vexatious prosecution. At the same time, the shield cannot protect corrupt officers and the provisions must be construed in such a manner as to advance the cause of honesty, justice and good governance.”

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Keywords

Reasonable Connection, Concerned Act, Performance