Prior sanction under Section 197 of Code of Criminal Procedure (CrPC) is not needed to prosecute a public servant for perjury under Section 340 read with 195 of the CrPC, says the High Court of Kerala in K.K. Krishnan v State of Kerala and Others [2024/KER/12203].
In this appeal u/s 341 CrPC, the appellant challenged the trial court’s dismissal of his application to prosecute police officers for allegedly fabricating evidence without such sanction.
The High Court reasoned that Sections 195 and 340 of CrPC allow the court to initiate proceedings for perjury without obtaining prior sanction, as the court itself acts as the complainant. The court set aside the trial court’s order and remitted the matter for further proceedings under Section 340 of CrPC, emphasizing that prosecution should only proceed if it is expedient in the interest of justice, allowing the appeal.
References
in K.K. Krishnan v State of Kerala and Others [2024/KER/12203].
