In Brief
The Supreme Court quashed the chargesheet and summoning order against Suneeti Toteja, a public servant, in criminal proceedings arising from allegations of sexual harassment workplace complaints. The Court held that sanction from the competent authority (BIS) is mandatory before prosecuting a public servant for offences allegedly committed while acting in official capacity. Since BIS expressly refused sanction and no 'deemed sanction' exists under law when sanction is withheld, the prosecution was vitiated from inception. The Court clarified that Section 197 of the CrPC protects officials discharging duties in good faith and that the burden lies on prosecutors to secure prior sanction before cognizance is taken.
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