Question : SANCTION FOR PROSECUTION OF PUBLIC SERVANTS



(a) whether it is mandatory to obtain prior sanction for prosecution of public servants in custodial rape cases;

(b) if so, the details thereof;

(c) whether the Government proposes to remove the prior sanction required for prosecution of public servants in such cases; and

(d) if so, the details thereof and the changes made in this direction, so far?

Answer given by the minister


MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MULLAPPALLY RAMACHANDRAN)

(a): As per Explanation to section 197 of Cr.P.C., no sanction shall be required in case of a public servant who is accused of any offence alleged to have been committed under section 376 of IPC.

(b) to (d): Do not arise.