Any person who is or was a judge or magistrate or a public servant and is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, not removable from his office save by or with the sanction of the Government, no court shall take cognizance of such offence except with the previous sanction of the Central Government or the State Government under Section 197 of Cr.PC., as the case may be. This protection has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty, does not extend its protective cover to every act or omission of a public servant while in service and is also not for doing the objectionable act. The protection of sub-section (1) of Section 197 of CrPC is available only to such public servants whose appointing authority is the Central Government or the State Government and not to every public servant.
Object of such sanction
Is to protect a public servant from undue harassment by initiation of frivolous criminal proceedings for offences alleged to have been committed by them while discharging official duties and functions.
Is to afford adequate protection to public servants to ensure that they are not prosecuted for anything done by them in the discharge of their official duties without reasonable cause.
To discourage vexatious prosecution and is a safeguard for the innocent public servant, although not a shield for the guilty or corrupt.
Obligation on Sanctioning Authority
To discharge its duty to give or withhold sanction only after having full knowledge of the material facts of the case.
Grant of Sanction is not a mere formality, must be observed with complete strictness keeping in mind the public interest and the protection available to the accused against whom sanction is sought.