Directorate of Enforcement vs Bibhu Prasad Acharya 2024 INSC 843 - Ss. 44,65,71 PMLA - S. 197 CrPC -Sanction

Prevention of Money Laundering Act 2002 - Section 44, 65, 71- Code Of Criminal Procedure 1973- Section 197 - The provisions of Section 197(1) of CrPC are applicable to a complaint under Section 44(1)(b) of the PMLA. - Section 71 cannot be invoked to say that the provision of Section 197(1) of CrPC will not apply to the PMLA- When a particular provision of CrPC applies to proceedings under the PMLA by virtue of Section 65 of the PMLA, Section 71 (1) cannot override the provision of CrPC which applies to the PMLA. A provision of Cr. P.C., made applicable to the PMLA by Section 65, will not be overridden by Section 71. (Para 17-18)

Code Of Criminal Procedure 1973- Section 197 -The object is to protect the public servants from prosecutions. It ensures that the public servants are not prosecuted for anything they do in the discharge of their duties. This provision is for the protection of honest and sincere officers. However, the protection is not unqualified. They can be prosecuted with a previous sanction from the appropriate government- 1. There are two conditions for applicability of Section 197(1). The first condition is that the accused must be a public servant removable from his office by or with the government's sanction. The second condition is that the offence alleged to have been committed by the public servant while acting or purporting to act in the discharge of his duty. (Para 6-11)

Interpretation of Statutes - No law can be interpreted in a manner which will render any of its provisions redundant. (Para 18)