HC to examine plea challenging amended CrPC provision

A Bench of Chief Justice G Rohini and Justice Jayant Nath issued notice to Ministry of Home Affairs (MHA), seeking its reply to averments made in the petition which sought striking down of the explanation of Section 197 (sanction to prosecute public servant) of CrPC as “ultra vires, invalid and illegal”.

“We will consider. We issue notice (to Centre),” the Bench said. The next date of hearing is on August 24. Anil Sharma, SHO at Chandani Mahal here, moved the High Court challenging the explanation added to Section 197 of the CrPC, vide the criminal law amendment Act 2013, whereby it was added that in case a public servant is accused of any alleged offences against women, no sanction shall be required.