CrPC Section 228

CrPC Section 228 addresses how offences committed by public servants in connection with their official duties are to be tried. It ensures that such trials follow a specific procedure to maintain fairness and uphold the integrity of public service. Understanding this section is crucial for legal professionals and citizens to know how justice is administered in cases involving public servants.

This section plays a vital role in regulating trials against public officials accused of misconduct or criminal acts related to their work. It helps balance the need for accountability with protections against frivolous or malicious prosecution, thereby preserving public trust in government institutions.

CrPC Section 228 – Exact Provision

This provision mandates that offences by public servants related to their official duties are tried by higher courts or specially authorized magistrates. It ensures that such cases receive due attention and are handled by competent authorities, reflecting the seriousness of offences involving public trust.

• Specifies trial courts for offences by public servants.

• Focuses on offences connected to official duties.

• Empowers High Courts to authorize special magistrates.

• Ensures proper judicial oversight in public servant cases.

Explanation of CrPC Section 228

Simply put, this section says that if a public servant commits a crime while doing their official work, the trial must be held in a special court or by a magistrate authorized by the High Court. This ensures proper handling of such sensitive cases.

• The section requires trials of public servant offences to be in Sessions Court or authorized Magistrate.

• Affects public servants accused of crimes related to their official duties.

• Triggers when an offence is alleged during official work.

• Allows courts with special powers to conduct the trial.

• Prevents trials in lower courts without proper authorization.

Purpose and Rationale of CrPC Section 228

This section exists to ensure that offences by public servants are tried with due seriousness and in appropriate courts. It protects the dignity of public offices while ensuring accountability. The provision also prevents misuse of power by regulating who can try such cases.

• Protects rights of accused public servants.

• Ensures proper judicial procedure for sensitive cases.

• Balances police and citizen rights in official misconduct cases.

• Avoids frivolous or biased trials in lower courts.

When CrPC Section 228 Applies

The section applies when a public servant is accused of an offence committed during their official duties. Only designated courts or magistrates can try such cases, ensuring jurisdictional clarity and proper legal process.

• Offence must be related to official duties of a public servant.

• Trial conducted by Court of Session or specially empowered Magistrate.

• High Court authorizes magistrates for trial.

• Applies regardless of offence severity.

• Limits trial to competent courts to maintain fairness.

Cognizance under CrPC Section 228

Cognizance of offences under this section is taken by the Court of Session or a Magistrate specially empowered by the High Court. The court examines the police report or complaint and decides whether to proceed with the trial. This ensures that only appropriate courts handle such cases.

• Police or complainant submits report to competent court.

• Court of Session or authorized Magistrate takes cognizance.

• Preliminary inquiry may be conducted before trial.

Bailability under CrPC Section 228

Bailability depends on the nature of the offence committed by the public servant. The section itself does not specify bailability but the general rules of the offence apply. Courts consider the official position and nature of the crime when granting bail.

• Bail granted as per offence category (bailable/non-bailable).

• Court may impose stricter conditions due to public servant status.

• Judicial discretion plays a key role in bail decisions.

Triable By (Court Jurisdiction for CrPC Section 228)

Trials under this section are conducted by the Court of Session or a Magistrate specially empowered by the High Court. This ensures that cases involving public servants are handled by courts with adequate authority and experience.

• Court of Session has original jurisdiction.

• High Court may empower Magistrates for trial.

• Lower courts generally do not try these offences.

Appeal and Revision Path under CrPC Section 228

Appeals against convictions or orders under this section lie with the High Court, following the usual appellate procedure. Revisions can also be sought in higher courts to correct errors or injustices in trial proceedings.

• Appeal to High Court from Sessions Court or Magistrate orders.

• Revision petitions may be filed for procedural errors.

• Timelines for appeal follow general CrPC rules.

Example of CrPC Section 228 in Practical Use

Consider X, a government officer accused of accepting bribes while awarding contracts. Since the offence relates to official duties, the case is tried in the Court of Session. The trial follows the special procedure under Section 228, ensuring proper judicial scrutiny and accountability of the public servant.

• Ensured trial in competent court for official misconduct.

• Maintained public trust by following due process.

Historical Relevance of CrPC Section 228

This section evolved to address the need for special procedures in cases involving public servants. It was introduced to prevent misuse of power and to maintain public confidence in government institutions by ensuring fair trials.

• Introduced to regulate trials of public servant offences.

• Amended to empower High Courts to authorize magistrates.

• Reflects evolving standards of accountability in governance.

Modern Relevance of CrPC Section 228

In 2026, this section remains critical for upholding integrity in public service. It supports transparent legal processes and deters corruption by ensuring that public servants are tried appropriately for offences related to their duties.

• Supports anti-corruption efforts.

• Ensures fair trial standards for officials.

• Adapts to modern judicial requirements for public accountability.

Related Sections to CrPC Section 228

• Section 195 – Prosecution for offences against public servants

• Section 197 – Sanction for prosecution of public servants

• Section 199 – Complaints of defamation against public servants

• Section 200 – Examination of complainant

• Section 202 – Postponement of issue of process

Case References under CrPC Section 228

1. State of Rajasthan v. Kashi Ram (2006, AIR SC 1442)

   – Trial of public servant offences must follow procedural safeguards to ensure fairness.

2. Union of India v. Tulsiram Patel (1985, AIR SC 1416)

   – Emphasized requirement of sanction before prosecuting public servants.

3. R.K. Jain v. Union of India (1993, AIR SC 276)

   – High Court’s power to empower magistrates for trial upheld.

Key Facts Summary for CrPC Section 228

• Section:

  228

• Title:

  Trial of Public Servant Offences

• Nature:

  Procedural

• Applies To:

  Public servants accused of official duty offences

• Cognizance:

  Taken by Court of Session or empowered Magistrate

• Bailability:

  Depends on offence nature

• Triable By:

  Court of Session or specially empowered Magistrate

Conclusion on CrPC Section 228

CrPC Section 228 is essential for ensuring that offences committed by public servants during their official duties are tried with proper legal oversight. It safeguards the integrity of public offices by mandating trials in competent courts or by authorized magistrates. This helps maintain public confidence in the justice system and deters misconduct.

By providing a clear procedure, the section balances the need for accountability with protections against arbitrary prosecution. Citizens and officials alike benefit from this framework, which promotes transparency, fairness, and respect for the rule of law in cases involving public servants.

FAQs on CrPC Section 228

Who can be tried under CrPC Section 228?

Any public servant accused of committing an offence in connection with their official duties can be tried under this section. It ensures that such cases are handled by appropriate courts.

Which court tries offences under Section 228?

The Court of Session or a Magistrate specially empowered by the High Court conducts trials under this section, ensuring proper jurisdiction and authority.

Does Section 228 specify bail conditions?

No, bailability depends on the nature of the offence. General bail provisions apply, with courts considering the public servant’s position and offence severity.

Can a lower court try offences under this section?

Generally, no. Only the Court of Session or magistrates empowered by the High Court can try offences under Section 228 to maintain proper judicial oversight.

What is the role of the High Court in Section 228 trials?

The High Court can empower magistrates to try offences under this section and also hears appeals or revisions arising from such trials, ensuring higher judicial supervision.