SC on essential ingredients of Section 217 and Section 221 of IPC

The Hon’ble Supreme Court, on 26th November 2019, in the matter of V. Rajaram v. State represented by the Inspector of Police CBI/SCB enlists the essential ingredients required to be proved for proving offences under Section 217 and 221 of the Indian Penal Code.

The Hon’ble Supreme Court observed that:

(Para 22) Section 217 IPC deals with disobedience on the part of public servants in respect of official duty. To prove the charges under Section 217 IPC, the following ingredients must be proved:-

(i)  there must be an intentional disobedience of law by a public servant; and

(ii)  such disobedience must be with intention to save, or knowledge that he will thereby

(a) save a person from legal punishment; or

(b) save any property from forfeiture or charge to which it is liable by law.

(Para 23)Section 221 IPC deals with omission to apprehend the offenders or suffering the escape of the offenders. To prove the charges under Section 221 IPC, the prosecution must prove:-

(i)  that the accused is a public servant;

(ii)  that the person in question had been charged with an offence; or that such person was liable to be apprehended for an offence;

(iii)  that the accused was legally bound to apprehend such person for the same;  that he omitted to apprehend; that he did so intentionally.

Copy of judgement: Judgement_26-Nov-2019

-Adv. Tushar Kaushik

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