New Enroll in RBI Grade B New Batch - Starts on May 21

    Question

    When any judge or magistrate is accused of any offence

    while in discharge of his official duty,
    A Court shall not take cognizance of such offence Correct Answer Incorrect Answer
    B Court shall take cognizance of such offence suo moto Correct Answer Incorrect Answer
    C Court shall take cognizance of such offence with the previous sanction of Central Government if the person was employed in connection with the affairs of Union Correct Answer Incorrect Answer
    D Court shall take cognizance of such offence with the previous sanction of Central Government if the person was employed either in connection with the affairs of Union or State Correct Answer Incorrect Answer
    E Court shall take cognizance of such offence with the previous sanction of State Government if the person was employed in connection with the affairs of Union Correct Answer Incorrect Answer

    Solution

    Section 197 CrPC - Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government 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, no Court shall take cognizance of such offence except with the previous sanction— (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government

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