This document provides an overview of legal awareness topics for common people and government employees in India. It covers the following key points: - The stages of committing a crime and types of participants. - Protections available to government employees under sections 197 and 19 of relevant acts, which require prior sanction for prosecution. - The differences between cognizable and non-cognizable offenses and the powers of arrest. - How to obtain bail and navigate the legal process if arrested. - The powers of investigation and limitations on prosecuting current and retired public servants. - Important Supreme Court rulings related to legal protections and interpretations of relevant sections. The purpose is to enhance legal awareness of criminal law and

1. Indian Railways Institute of Civil Engineering
LEGAL
AWARENESS
RP Saxena

2. Topic covered
• What is law
• For common man
• Protection Govt employee
• Power of Rly employee under
Indian Railway act
• How to face law
• How to defend yourself in court

3. Introduction
• Common man / Govt employee are
unaware of Law & legal process
• Lawyers takes undue advantage of it
• Purpose to enhence your legal
awareness ..criminal law for you
• Normally party is represented in court
by advocate who charge fortune
depend on status of the accused &
advocate
• One can plead his own case in court
appearing as Party in person

4. Crime
Four stages in commission of crime
• Mental stage
• Preparatory stage
• Execution
• Stage of concealment

5. Participants of crime
1. Person who commits the crime or
gets the same committed by an
innocent agent
2. Aids and assists in the commission
of crime
3. Person absent from the scene of
crime though he counsels or
commands another to commit crime
4. Person who knowing well that the
person present at the scene of crime
and has committed the crime
harbors and assists him to escape or
to hide

6. Govt protection available to
officials under section 197 & 19
It is necessary to protect the
public servants in the discharge of
their duties.
• They must be made immune from
being harassed in criminal
proceedings and prosecution,
• That is the rationale behind Section
197 of the CR PC and section 19 of
PC act

7. Govt Protects Employee
• No court can take cognizance of
criminal charge against Govt employee
without prior sanction of Govt
• Sanction under section 197 of CR PC
protects all actions done in discharge of
official duty
• Sanction under 19 of PC act protect all
actions official/non official if charge
under PC act

8. Type of offence
• Cognizable – police can start enquiry
and make arrest.GRP has police
power in Railway establishment for
Law in order
• Noncognizable..police can not arrest
without specific order of magistrate
but can start investigation
• Police has unlimited power to arrest
a person accused for cognizable
offense

9. Cognizable offence
• There is long list of offense in
IPC for cognizable offence
• Basically if Country or society in
danger , then it is cognizable
offence
• murder, rapes , rioting, vehicle
accidents, thefts etc

10. Power of arrest by Railway
official under IR act
• Section 179..empower rly official
to arrest anybody who committed
cognizable offence under Rly act
• Sec 180 ..Rly official can also
effect arrest by police even in non
cognizable offence if there is
apprehension that person will
abscond

11. Non cognizable offence
• Section 158 IR act-
contravention of regulation of
wkg hours
• Sec 177 IR act. Furnishing false
return

12. Few cognizable offence in
Railway act para 1105 irwm
• Cognizable offence..police can arrest
without magistrate order
• Sec 145..drunkard affecting passenger comfort
• Sec146..obstructing Rly servant on duty
• 147..tresspassing
• 150-attempting to wreck a train
• 151..attempt to damage to rly property
• 166..defacing public notice
• 175 ..neglecting safety rule endangering
passenger life ( applicable to rly servant only)

13. Power to arrest under
section 179
• 179. Arrest for offences under certain
sections.-(1) If a person commits any offence
mentioned in sections 137, 141to 147, 150 to
157, 160 to 162, 164, 166, 168 and 172 to 175,
he maybe arrested without warrant or other
written authority by any railway servant or
• police officer not below the rank of a head
constable

14. Arrest for
noncognozable offence
• 180. Arrest of persons likely to abscond, etc. (1) If
any person who commits any offence under this
Act, other than an offence mentioned in section
179 or
• refuses to give his name and address or there is
reason to believe that the name and address given
by him are fictitious or that hewill abscond, any
railway servant authorised in this behalf or any
police officer not below the rank of a head
constable may arrest him without warrant or
written authority.

15. Why arrest necessary
• Person is dangerous to country or
society
• Person may abscond & may not come
when summoned
• Custodial interrogation is required
• Person may destroy evidences
• Police has to produce arrested person
within 24 hr in front of magistrate &
get examined medically before putting
in lockup or jail

16. Arrest & bail
• Police has unlimited power of arrest
• Police is sole judge what section
should be charged ..
• court may differ with view of police
at stage of framing charge
• So whenever somebody arrested , first
step of defense is to get the bail

17. Who can grant bail
• Offence ..Bailable or Non bailable
• Bailable ..bail can be granted by
police station in-charge at police
station
• Non bailable ..only court can grant
the bail
• If crime is of murder ,only session
court can grant bail

18. Bail Rules.purpose & condn
• To ensure attendance during trial
• Bail may be on personal Bond
• Or may be one or two surety
• Or May be cash bail
• Normally conditional bail..
• surrender passport ,not interfere
evidence, cooperate in investigations
etc
• Type and amount of bail depends on
discretion of court ..

19. Bail rules
• Person arrested need to be produced
within 24 hr in front of magistrate
• Normally bail is not granted on first
day & police custody given for police
to interrogate..do not hire top lawyer
for bail– highly paid lawyer bail delays
• Maximum police custody in any crime
is 2 week only
• Police can not interrogate without
getting police remand/custody of the
accused .it can also not interrogate if
person is in judicial custody

20. Bail Rules
• Bail is rule …jail is exception
supreme court view
• Bail can be denied only if
• Person is danger to country
• Person is dangerous to society
• Apprehension that he can interfere
with evidence or threaten witness
• Sanjay chandra 2G case bail order of
supreme court is quoted in every bail
case
• Normally bail to ladies..same day

21. How lawyer & court
delays bail
• Defense lawyer does not submit bail
application
• Court issue notice to police to submit
reply on bail application
• Then argument & then order pased
• 3-4 dates can easily pass ( 15 days)
• Supreme court says the lady accused
should be granted bail same day
• Even after bail order..lot of legal

22. Investigation
• FIR is necessary for investigation .
It empowers police to start
investigations ( para 1103 IRWM)
• Arrest/raid is part of investigation
• No protection is available against
investigation to any Govt officer
• Jt sect & above..no more valid
• Section 197 of cr pc protect govt
officer to start any criminal case
against him in court

23. Supreme court on investigation
• Purpose of Investigation is to find
truth ..so no impediment
• The Supreme Court held as invalid the
legal provision that makes prior
sanction mandatory for the Central
Bureau of Investigation to conduct a
probe against senior bureaucrats in
corruption cases under the Prevention
of Corruption Act. ( May 6th
2014)

24. • A Constitution Bench comprising Chief Justice
R.M. Lodha and Justices A.K. Patnaik, S.J.
Mukhopadhaya, Dipak Misra and Ibrahim Kalifulla,
while allowing the petitions filed by BJP leader
Subramanian Swamy and the Centre for Public
Interest Litigation, held that
• Section 6A of the Delhi Special Police
Establishment Act, which granted
protection to joint secretary and above
officers from facing even a preliminary
inquiry by the CBI in corruption cases, was
violative of Article 14 of constitution ie
Equality in law
No sanction needed for
CBI to probe
bureaucrats: SC

25. Section 197 of CR PC
• No court should take cognisance of criminal
charges against a public servant unless previous
sanction to prosecute him is received from a
competent authority. (serving public servant)
• This safeguard is meant to help government
servants perform their duties honestly without
fear of malicious prosecution
• This protection cannot be claimed immediately
after a complaint is lodged. The question of prior
sanction would be considered later, during stages
in the criminal trial, as and when the need arises,
supreme court observed in one of the case

26. Section 197 does not protect
• If crime charged is not part of official
duty
• --Like Murder
• -rape
• -car accident by personal car
• Dacoity , theft , smuggling etc
• Cheque bounce etc
• Quarrel in society
• But will protect you in case of train
accident , building or bridge collapse

27. Section 197 will protect you
• In any train accident on Railway
track
• Any collapse of building as in Hubli,
Tundla etc
• Any collapse of Bridge as in
Bhagalpur
• For any other negligence in course of
duty
• Basic Principle of Crime
• You have not done a crime unless you
planned , executed and hide it fro law

28. Section 197 0f CR PC
• 197. Prosecution of Judges and public servants.
(1) When any person who is or was 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-
• Public servant and official duty-opeartive word
• Sanction by authority competent to remove
• Independent application of Mind required for
granting sanction

29. Section 197 of CRPC or
section 19 of PC act
• This is first line of defense
• There are number of supreme court
judgment on this section
• Always legality of sanction challenged
• Whether competent authority granted
sanction-- mechanically
• Whether he applied his mind
independently or guided by somebody
• Whether it is obtained by hiding the
fact or on base of false facts

30. Section 19 of PC act
• Section 19 - Previous sanction
necessary for prosecution- No court
shall take cognizance of an offence
punishable under sections 7, 10, 11,
13 and 15 alleged to have been
committed by a public servant, except
with the previous sanction –
• The word “official duty” not here . So
in all cases under PC act Prior Govt
sanction is necessary

31. Latest judgment on sanction
• Inspector Of Police & Ors vs Battenapatla
Venkata Ratnam & Anr on 13 April, 2015
• Prof. N.K.Ganguly vs Cbi New Delhi on 19
November, 2015
• State Of Rajasthan vs Jainudeen Shekh And
Anr on 25 August, 2015
• 2015Nanjappa vs State Of Karnataka on 24
July, 2015
• Somveer Lamba vs Haryana Public
Service ... on 6 July, 2015
• Whether sanction under Section 197 of 'CrPC' is required to
initiate criminal proceedings in respect of offences under
Sections 420,46 B venkatratnam8, 477A, 120B read with 109
of the Indian Penal Code…NO Ref case B V Ratnaam

32. Land mark case
• K. Veeraswami vs UOI.No sanction
reqired for retired employee
• Harihar Prasad v. State of Bihar ifor
offence under Section 120B No
sanction required u/s 197 crpc
• SR Bommai v. union of india
• A.R.Antuley vs. Ramdas Nayak
• Lalu yadav vs union of India
• Vineet narain vs UOI dec 1997 Time
limit of 3 months for sanction for
prosecution.

33. Criminal conspiracy sec 120 IPC
• Criminal Conspiracy- When two or
more persons agree to do, or cause
to be done- (1) an illegal act, or (2)
an act which is not illegal by illegal
means, such an agreement is
designated as a criminal conspiracy;
• Agreement between 2 or more
person to do
• An Illegal act or
• Legal act done illegally

34. • It is well settled that an offence
of conspiracy is a substantive
offence and renders the mere
agreement to commit an
offence punishable even if an
offence does not take place to
the illegal agreement.

35. • Important observations of
supreme court regarding
section 197

36. • iv) There is no universal rule to determine whether
there is a reasonable connection between the act
done and the official duty, nor it is possible to lay
down any such rule.
• (v) However, there is one safe and sure test to
determine this connection is, if the omission or
neglect on the part of public servant to commit the
act complained of could have made him
answerable for a charge of dereliction of his
official duty and if the answer to this question is in
affirmative, then it may be said that the such act
was committed by the public servant while
conducting in discharge of his official duties
•
(vi) An official act can be performed in discharge of
official duty as well as in dereliction of it.

37. • (i) It is not every offence committed
by a public servant that requires
sanction for prosecution under
Section 197 Cr. P.C; nor even every act
done by him while he is actually
engaged in the performance of his
official duties.
• (ii) But, if the act complained of is
directly concerned with his official
duties so that if questioned, it could
be claimed to have been done by the
public servants by virtue of the office,
then sanction would be necessary.

38. • If the acts complained of are so
integrally connected with the duties
attaching to the office so as to be
inseparable, sanction would be
necessary
• If there was no necessary connection
between the duty and the act, the
official status furnishing only the
occasion or opportunity for the acts
then no sanction would be required.
( driving official car met with
accident..No sanction required

39. • 24. It is pertinent to state that in R.
Balakrishna Pillai v. State of Kerala and
Another (supra), State of Madhya Pradesh Vs
Sheetla Sahai and others (supra), Prof. N.K.
Ganguly v. CBI, State through CBI v. Anna
Wankhede and others (TAJ CGHS LTD.)
• Prof. N.K.Ganguly vs Cbi New Delhi on 19 November, 2015
• The accused persons were charge-sheeted by
CBI for the offences under Penal Code as well
as under Prevention of Corruption Act.
• Since, CBI had not obtained sanction under
Section 197 Cr. P.C and the act complained of
was found in connection with the discharge of
official duties, in the said cases, accused
persons were discharged from the penal
charges

40. Neera yadav case IAS NOIDA
• Allotment of plots ..4 case as per
order of supreme court
• UP govt did not give sanction u/s 197
• She applied for discharge
• Central govt gave sanction u/s 19
• Alld high court observed that once
sanction u/s 19 is available ,there is
no need of sanction under 197
• She was finally convicted for 4 yr and
3 years in two diff cases

41. • Allahabad High court observation
• (I) For prosecution under Prevention of Corruption Act,
1988, once sanction under Section 19 of the said Act is
granted, there is no necessity for obtaining further
sanction under Section 197 of the Code of Criminal
Procedure.
• (II) Where a public servant is sought to be prosecuted
under the provisions of Prevention of Corruption Act
read with Section 120B, I.P.C., and sanction under
Section 19 of Act of 1988 has been granted, it is not at
all required to obtain sanction under Section 197 Cr.P.C.
from the State Government or any other authority
merely because the public servant is also charged
under Section 120B, I.P.C.
• (III) The offences under the Prevention of Corruption
Act, 1988 as well as charge of criminal conspiracy,
cannot be said to constitute "acts in discharge of
official duty.

42. Keep house in order
• Police has right to search the
house for collecting evidence
during investigation
• So Always keep your house in
order
• Nothing illegal or objectionable
should be available in house

43. Part 2
• How to defend the case in court
of Law
R P Saxena 43

44. How to defend the criminal cases
in court
• All the case are contested in court
on fact & legality.
• Facts are provided by accused &
• legal aspect is taken care of by
Advocate.
• Therefore both have to work
hard for defending a case

45. Various stage of cases
• Registration of FIR
• Investigation-
• Report to incharge .inspector
• Sanction under section 197 of crpc for
prosecution if act is part of official duty
• Registration of case & submission of
Charge sheet in court
• Recording of evidence
• Argument
• Judgement

46. Investgation
• Arrest is part of investigation
• Statement of witness are taken & got
corroborated in field ..evidences
retrieved..murder weapon, dead body ,
theft material etc
• The statement are under section
161and not admissible in court as
evidence
• The accused has right to remain silent

47. investigation
• No body can be forced to give
evidence against himself either
during investigation or during
trial
• Report …approval.. Decision for
trial
• Process for sanction

48. Sanction to prosecute
• Appointing authority
• Independent application of mind
based on evidence on record in
investigation report
• No recommendations
• No time limit for granting sanction
..supreme court observation 90 days
in vineet narain case…not a
direction

49. Fact to know about sanction
• Sanction refused can not be
granted again ..similarly can not be
revoked unless new fact came in
notice
• 80% cases of Govt officials
decided on basis of sanction
• No appeal court will change
decision if sanction is defective &
not agitated in original court &
crime is Proved

50. Chargesheet in court
• Copy given with list of RUD and
witness
• All witness may not be called
• Fresh bail need to be applied
• Original document or evidence can
be seen
• A date is fixed for framing of
charges
• List of witness to be called

51. Discharge application
can be filed by accused
• Discharge application u/s 482
• Success rate less than 10%
• No appreciation of evidence
• Sometime people use it for delaying
the case
• If not agreed by court..appeal &
appeals in high court /supreme court
• Application fails..trial starts

52. Criminal Trial in court
• Various stages In court

53. Criminal case - various stage in court
• Stage 1 – Receipt of charge sheet
• Stage 2- framing of charge & examining of
documents
• Stage 3 –Recording of evidence
• Stage 4 Statement of the Accused under
section 313 of Cr P C of 1973
• The accused can be competent witness u/s
315
• Stage 5 Argument under section 314 of Cr
P C of 1973
• Judgment &
• appeals if necessary

54. Stage 4 Statement of the Accused
under section 313 of Cr P C of 1973.
• After Recording of evidence (prosecution as
well as defense) is over ,the accused is given a
chance to explain his point of view .
• This is the only time when accused is permitted
to speak in court . A written statement can also
be given
• Although there is not much evidence value of
this statement ,However facts, if any ,not yet
come in notice of court, are brought in notice of
Judge , he may consider them while making his
final judgment.
• Accused can also act as own witness under
oath .here he will be cross examined also. This
has the evidential value .Howeve the accused
can not be forced to answer such question
which goes against him.

55. Stage 5 Argument under section
314 of Cr P C of 1973
• After recording statement of the accused,
Argument are held between prosecution &
defense advocate orally in court . Here
various decision ( with citation) of high
court/supreme court are quoted by both
the party to support their arguments
• The Judge notes down salient points of
arguments.
• To avoid the omission or over looking of
any crucial point during oral arguments ,
In addition to Oral argument , a written
argument under section 314 of CR PC
(optional) should also be submitted
before conclusion of oral arguments as
this is the only defense paper which

56. Judgement
• Based on the evidence on
record , argument ,counter
argument & laid down legal
principles , Hon Judge Finally
announce his final judgement
• If acquittal- then happy ending
• If conviction –quantum of
sentence & fine is also
announce either on same day or

57. Appeal in high court
• In case due to any reason, judgment is
against you & then appeal is filed in high
court ,
• Written argument submitted in
session court will be helpful as
appeal in high court is decided on
the bases of documents on record .
No new documents or witness is
permitted in high court .
• Only oral arguments are again done in high
court where your advocate has to explain
where Judge in session court had gone
against the evidence on record & sprit of
settled law while convicting you.

58. FACT YOU WILL LIKE TO KNOW
• The complainant & Investigation
officer are interested witness .
Their evidence value is low
.Independent witness are necessary
to establish the case
• Panch witness is independent
witness & his evidence value is very
high .Cases are lost if independence
of Panch is questionable like known
to police or complainant or habitual
panch or submissive
• Case will continue even if the
complainant become hostile witness

59. Facts you will like to know
• Many case are lost due to defective
sanction order for prosecution like non
application of mind
• Tap recorded evidence are not
acceptable as primary evidence .These
are used as corroborative evidence only
• No document can be introduced later on
if not cited initially in charge sheet.
• There are many laid down procedure for
collecting evidence like telephone
recording ,recording of conversation
,voice sample ,writing Panchnamas etc.if
they are not followed , evidence is not

60. Facts you will like to know
• 1Any spl act over ride general provisions of
law ,Cr PC etc unless silent
• In DA case ,it is accused who has to prove his
innocense wheras in all other case prosecution
has to prove charge
• Suspension of sentence is different from
suspension of conviction

61. Some common aspect
for defense• Police has to prove case beyond
reasonable doubt . So create doubt in
their story
• The complainant & Investigation officer
are interested witness . Their evidence
value is low .Independent witness are
necessary to establish the case.
• Panch witness is independent witness &
his evidence value is very high .Cases are
lost if independence of Panch is
questionable like known to police or
complainant or habitual panch or
submissive
• Many case are lost due to defective sanction

62. Facts you will like to know
• Tap recorded evidence are not
acceptable as primary evidence
.These are used as corroborative
evidence only
• There are many laid down procedure
for collecting evidence like
telephone recording ,recording of
conversation ,voice sample ,writing
Panchnamas etc.if they are not
followed , evidence is not acceptable .
Learn about them & co- relate in your
case
• Read judgements of supreme courts &
extracts favorable to your case may be

63. • Few Lines about PC act 1988

64. PC act 1988
• Every Govt Employee should
know salient provisions of
Prevention of corruption act
1988
• Agency jurisdiction
• State employee…ACB
• Central Govt…..CBI

65. CBI CASES
• Fraud cases - complainant is department if
decision has caused financial loss to Govt
Department
• Disproportionate Asset case – source
observation – either from vigillence or from
way of living.General survey for Nation Raids –
No arrest in such cases as having assets is
not the crime
• Trap cases – complainant is a person who has
a grudge with you

66. Prevention of corruption
act 1988
• 19.Previous sanction necessary for
prosecution
• (1) No court shall take cognizance of an offence
punishable under section 7, 10, 11, 13 and 15
alleged to have been committed by a public
servant, except with the previous sanction
• Sanction shall be given by that Government or
authority which would have been competent to
remove the public servant offence was
alleged to have been committed
• No finding, sentence or order passed by a
special Judge shall be reversed or altered

67. Prevention of corruption act
1988- Various relevant provision
• Section 7 –Public servant taking
gratification accepts or obtains or
agrees to accept or attempts to
obtain from any person, for himself or for
any other person, any gratification
whatever, other than legal remuneration,
as a motive or reward for doing or
forbearing to do any official act ( No
demand but agreed to accept is
sufficient ).
• Supreme court insists over proof of
demand to establish the guilt
• ( P.satyanarayana murty vs dist inspector of police..2015 case)
• Krishan Chander vs State Of Delhi on 6 January, 2016

68. Prevention of corruption act
1988
• 13. Criminal misconduct by a public servant-(1) A
public servant is said to commit the offence of
criminal misconduct,- (a) if he habitually accepts or
obtains or agrees to accept or attempts to obtain from
any person for himself or for any other person any
gratification other than legal remuneration
• Section 13(1)d ii - by abusing his position as a public
servant, obtains for himself or for any other person any
valuable thing or pecuniary advantage; or
• 13 (1)–(e) if he or any person on his behalf, is in
possession or has, at any time during the period of his
office, been in possession property disproportionate
to his known sources of income.
• Section 13(2) Any public servant who commits criminal
misconduct shall be punishable with imprisonment for a
term which shall be not less than one year but which
may extend to seven years and shall also be liable to

69. PC Act 1988
• Section 15. Punishment for
attempt
• Whoever attempts to commit an
offence referred to in clause (c) or
clause (d) of sub-section(1) of
section 13 shall be punishable
with imprisonment for a term
which may extend to three years
and with fine

70. Section 20
• Section 20. Presumption where
public servant accepts
gratification
• (1) Where, in any trial it is proved that
an accused person has accepted, any
gratification from any person,
• it shall be presumed, unless the
contrary is proved, that he accepted
gratification, as a motive or reward

71. What one should do
• Be happy always
• Do not fear un-necessarily
• Make yourself aware various
provision of law..Google liberally
• Indiankanoon.org all judgments
available. download & read
• Keep your house in Order
• Be ready for defense in adversity
• Have faith in God & Enjoy life

72. • Any question is most welcome
• rajendrasaxena@gmail.com
• Ph 9869522838
• Ph 9423580564
• PC act will be covered later in
detail
• THANKS