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It would only be appropriate to apply nexus test to overt acts and determine, if they are wholly or reasonably connected to discharge of official function by accused and by taking note of fact that Section 170 Karnataka Police Act, 1963 extends statutory protection even to reasonable excesses.
The offences under Section 7, Prevention of Corruption Act, 1988 and Section 61(2) BNS cannot be said to constitute “acts in discharge of official duty” and, therefore, no sanction is required for those acts.
“An act done by a person pursuant to the judgment of the Court cannot form basis for prosecuting such person as the same does not come within the definition of “offence” as contained in IPC.”
“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”
Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed
Orissa High Court: The Bench of Dr A. K. Mishra, J., allowed a petition filed to quash the order passed taking cognizance
Kerala High Court: A Single Judge Bench comprising of B. Kemal Pasha, J. drew a nexus between the act and the discharge