Answer 1

*Section 197 CrPC* (Code of Criminal Procedure, 1898) is *still valid and in the field* in Pakistan. *Legal Status:* - Yes, *Section 197 CrPC is currently enforceable*. - It *provides protection* to public servants (government officials) from prosecution *without prior sanction* of the government *if the alleged offence was committed during the discharge of official duties*. *Key Points of Section 197 CrPC:* 1. *Bar to cognizance:* No court shall take cognizance of an offence alleged to have been committed by: - a public servant, - a judge or magistrate, - or a military officer, *without prior sanction* from the competent authority. 2. *Purpose:* To prevent frivolous or vexatious prosecutions against public officials for acts done in good faith during official duties. 3. *Exceptions:* If the act has no connection with official duty or is clearly outside the scope of duty, *no such sanction is required*. *Relevant Case Law:* - *PLD 2007 SC 582* — The Supreme Court held that protection under Section 197 is available only when the act is done in discharge of official duty. - *2022 SCMR 1030* — It reaffirmed that *prior sanction* is a *mandatory prerequisite* for prosecution under this section.

Adv Advocate Ashfaq Ahmad Bhatti

High Court Lahore | Ashfaq Law Association session Courts Bahawalnagar

City: Chishtian | 3-5 Years Experience | B.A, LL.B,LL.M

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