No Sanction is Needed to Prosecute Erring Police Officers: Kerala HC

Recently, the Kerala High Court reiterated that the State government’s sanction is not required when prosecuting the police for illegal acts like police brutality.

This observation was made by a Bench of Justice Mary Joseph while considering two pleas filed by police officers who were accused of torturing an accused while in police custody. It was further alleged that they burned the accused’s tongue with a cigarette.
According to Section 197 of CrPC, a government employee can’t be prosecuted for acts done while discharging their official duty.

However, the Court ruled that the said section (197) can’t be used to protect government officials who have committed illegal acts and to prosecute them, the sanction of the government was not required.

Accordingly, the Court ruled that the accused policemen can’t take advantage of Section 197 after committing illegal under the guise of doing their official duties and affirmed the Trial Court’s order convicting the accused police personnel.

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2013 (2) DRTC 35 : Devis ispat ltd vs state bank of india : issues relating to validity of decision of declaring an account as non - performing asset essentially relates to disputed question of facts and accounting , in this regard writ jurisdiction is neither permissible nor advisable in law ( sec 13 ( 3- A ) SARFASI act )
 

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2014 (2) DRTC 1 SC : Harshad govardhan sondagar vs IARC ltd : A lease of secured asset made by borrower after he receives notice under sec 13 (2) of SARFASI act from secured creditor intending to enforce that secured asset will not be valid lease.

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2021(1) SCJ 100                                                                                                                                                                

IN THE SUPREME COURT OF INDIA               

R.E.NARIMAN, NAVIN SINHA and Ms. INDIRA BANERJEE, JJ.            

Criminal Appeal No. 635 of 2020 (Arising out of SLP Crl. No. 393 of 2020) -  Decided on 28-09-2020. 

Maheshwar Tigga                                                                                                

v.                                                               

State of Jharkhand 

Probable Defence - A probable defence raised by an accused is sufficient to rebut the accusation without the requirement of proof beyond reasonable doubt.