Krishna Yadav v. J.B.S. Chandel - S.197 CrPC - Sanction - Police Excess
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Is sanction for prosecution necessary in a case of “police excess” ?
Code of Criminal Procedure 1973 - Section 197 - The sanction for prosecution in the context of “police excess”- In certain instances, no sanction for prosecution may be necessary at all. However, there are cases where even in the case of police excess, sanction for prosecution is necessary- The question whether sanction for prosecution is necessary at all could be considered from stage to stage and at the relevant stage of a criminal trial. (Para 15)
Case Info
- Case name: Krishna Yadav v. J.B.S. Chandel & Another Etc.
- Neutral citation: Not provided on the page.
- Coram: B.V. Nagarathna, J.; R. Mahadevan, J.
- Judgment date: 18-09-2025.
- Appeal numbers: Criminal Appeal Nos. 5654-5656/2024.
Caselaws and citations referred
- Om Prakash v. State of Jharkhand, (2012) 12 SCC 72.
- G. C. Manjunath v. Seetharam, (2025) 5 SCC 390.
Statutes/laws referred
- Indian Penal Code, 1860: Sections 302 read with 34, 79, 100.
- Arms Act, 1959: Sections 25 read with 27.
- Code of Criminal Procedure, 1973: Sections 197, 46, and 200.
#SupremeCourt notes that there are cases where even in the case of police excess, sanction for prosecution is necessary. https://t.co/R6huQCmCgr pic.twitter.com/46eWtXVm5B
— CiteCase 🇮🇳 (@CiteCase) October 17, 2025