447+ Lawyers are online 
Regarding Taking Of Cognizance Against Government Employees
18-Apr-2023 (In Criminal Law)
Can in a complaint case the magistrate take cognizance against a police officer offence u/s 307ipc? The police officer is now posted in other station. Is there any sanction is required from the concerned authorities if yes what is the procedure to be followed?
yes Magistrate can take cognizance in offence under section 307 IPC againest a police officer and for that no separate permission or sanction is requared from any other authority or government department.
Helpful?
Adv. Hemanta Kumar Das
Kolkata | 100+ Answers
CONTACT NOW
in case the police officer has allegedly committed the offence in discharge of his official duties then previous sanction is necessary which can then be obtained by the police themselves after registering the case against the errant police officer. in complaint case if previous sanction is necessary then the magistrate will not take cognisance unless sanction is accorded by the competent authorities. the order granting or not granting sanction can be challenged in writ.
Helpful?
Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
CONTACT NOW
dear client, no sanction required in cases of criminal nature... yes magistrate can take direct cognizance of such complaint and pass order to register FIR as per the inquiry ... for further clarification contact me...
Helpful?
Adv. Neha Shukla
Kharar | 50+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
