Supreme Court holds prior sanction mandatory to prosecute public servants for money laundering: Section 197 of CrPC

The Supreme Court in the case Directorate of Enforcement Etc. v. Bibhu Prasad Acharya Etc. Etc. observed and has held that section 197(1) of the Code of Criminal Procedure, CrPC, which provides that prior sanction from the government is required to prosecute public servants and judges for offences which are alleged while discharging public duties, will apply to cases under the Prevention of Money Laundering Act.

TDG NETWORK NEW DELHI

The bench comprising Justice Abhay Oka and Justice Augustine George Masih was hearing the present matter.

The bench in the case observed and has dismissed an appeal by the Directorate of Enforcement challenging the order of the Telangana High Court that set aside the cognizance orders against an IAS officer, which was based on the ground of lack of prior sanction.

The bench, headed by Justice Oka, while pronouncing the judgment, held that the provisions of Section 197(1) of the Code of Criminal Procedure, CrPC, will apply to the Prevention of Money Laundering Act, PMLA.