S. 197 CrPC Applies To PMLA : Supreme Court Holds Prior Sanction Mandatory To Prosecute Public Servants For Money Laundering Offence

The Supreme Court held that prior sanction under Section 197 of the CrPC is mandatory to prosecute public servants for offences under the Prevention of Money Laundering Act (PMLA). The case involved an IAS officer accused of misusing his position for financial gain. The court dismissed the Enforcement Directorate’s appeal, affirming that the protection under Section 197 CrPC applies to PMLA cases. This decision emphasizes the need for government sanction before prosecuting public servants, ensuring that actions taken in the discharge of official duties are not unduly penalized. The ruling aims to balance accountability with protection for public servants performing their official functions.