S.197 CrPC seeks to protect officer from unnecessary harassment, who is accused of offence committed while acting or purporting to act in discharge of his official duties and, thus, prohibits court from taking cognizance of such offence except with previous sanction of competent authority. At the same time, such shield cannot protect corrupt officers and provisions must be construed in such manner as to advance cause of honesty, justice and good governance. Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty. Yardstick to be adopted is to form prima facie view whether act or omission for which accused was charged had a reasonable connection with discharge of his duties. Real question, therefore, is whether act committed is directly concerned with official duty.

[Indra Devi v. State of Rajasthan, (2021) 8 SCC 768]

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