Sanction from State not required for prosecuting Police Officers doing illegal acts: High Court2 min read

NAME- RICKY ANAND

The excessive courtroom docket has dominated that sanction stipulated below Section 197 Code of Criminal Procedure isn’t always essential to prosecute police officers in instances of police brutality on account that such acts are not associated in any way to the release in their legitimate duties.

 The petitioners herein had been police officers of the Ezhukone police headquarters. They had been accused of brutally assaulting someone in custody inflicting inter alia cigarette burns on his tongue, making him not able to speak while produced earlier than the Magistrate. The injured complainant had narrated gory info of the attack inflicted on him through the accused police officers.

The Judicial satisfactory Magistrate, Kottarakaram discovered them responsible and exceeded an order of conviction towards them for offenses punishable below Sections 323 and 324 examine with Section 34 of the Indian criminal code. The appeals courtroom docket showed this conviction.

The revision petition became favored on the primary rivalry that no matter being public servants attention became taken through the courtroom docket and they had been prosecuted without getting the sanction from the authorities as pondered below Section 197 CrPC. and thus, the technique of taking attention and behavior of the trial is vitiated. Both the courtroom docket and consequently the appellant courtroom docket had taken the view that sanction, as pondered below Section 197 CrPC, is unwarranted in the case to be had because the acts speculated to are devoted through the accused are not associated in any way to the release in their legitimate duties.

The Court opined that the sanction pondered below Section 197 wasn’t intended to shield a worker dealing with the existence of private liberty of someone out of the purview of regulation or method installed through regulation. Therefore, a policeman needed to act in the bounds of the criminal area diagnosed through the Code or the alternative enactments. The Court similarly mentioned that the accused can not take the gain of Section 197 after committing mischievous acts below the guise of lawful discharge of legitimate duties.

 “The incontrovertible reality that the incident passed off in the police headquarters and thru the path of discharge of legitimate responsibility through the Policemen may not legalise it if it appears as exercising of extra energy through them for unlawful gain. The context being so, sanction, as pondered below Section 197 CrPC, cannot be a precondition for taking attention of the offences towards the accused and for prosecuting them.

The courtroom docket absolutely is justified in preserving so and this Court unearths no purpose to intervene thereupon finding. In the mild of the foregoing discussions, the excessive courtroom docket held that the trial and consequently the appellate courts were not in blunders and had been flawlessly justified discover the accused responsible for the offences below Sections 323 and 324 examine with Section 34 IPC, convicting them and implementing punishments on them for the ones through.

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