Court Denies Protection Under Section 197 CrPC for Actions Not Part of Official Duty
In a significant ruling, the Bombay High Court, Circuit Bench at Kolhapur, has upheld the prosecution of several police officers accused of custodial torture and assault, denying them protection under Section 197 of the Criminal Procedure Code (CrPC). The judgment, delivered by Justice Sandesh D. Patil, emphasizes that acts of custodial torture cannot be considered as part of the police officers' official duties and therefore do not require prior sanction for prosecution.
The case involves police personnel from Shivaji Nagar Police Station, Ichalkaranji, accused of assaulting a suspect, Sanjay Bapuso Dalvi, to extract a confession. The complainant alleged severe physical assault leading to grievous injuries and hospitalization. The court noted that such acts go beyond the scope of official duties and cannot be justified under the guise of performing official duties.
The judgment came in response to writ petitions filed by the accused police officers challenging the orders of the lower courts that dismissed their applications for discharge. The officers contended that their actions were performed in the discharge of official duties and thus required sanction under Section 197 CrPC. However, the High Court reiterated that custodial torture and third-degree methods are not part of police duties and cannot be protected under Section 197.
Justice Patil highlighted that the protection of public servants under Section 197 is limited and cannot be used as a cloak for objectionable acts. The court observed that the acts committed were not connected with the discharge of official duties, and there was no reasonable nexus between the alleged offenses and the performance of duties.
The ruling reinforces the legal principle that acts of custodial violence cannot be shielded under the pretext of official duty. The judgment also allows the possibility of revisiting the issue of sanction if sufficient evidence during the trial suggests a reasonable connection between the act and official duty.
This decision aligns with previous Supreme Court judgments, which emphasize that sanction is not required for acts that are not intrinsically connected to official duties. The ruling serves as a reminder of the legal accountability of police officers and the limits of protection under Section 197 CrPC.
Bottom line:-
Sanction under Section 197 of CrPC is not required for prosecuting police officers accused of custodial torture or using third-degree methods, as such acts are not part of their official duty.
Statutory provision(s): Section 197 of the Criminal Procedure Code, 1973; Sections 326, 325, 324, 342, 348, 504, 506 read with 34 of the Indian Penal Code, 1860.
