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Nod not must to prosecute cops who act illegally: Kerala HC

The court pointed out that Section 197 of CrPC is not meant to protect a public servant dealing with the life or personal liberty of a man out of the purview of law or procedure established by law.

Published: 12th October 2021 06:58 AM  |   Last Updated: 12th October 2021 06:58 AM   |  A+A-

Kerala Hight Court.

Kerala High Court. (File photo)

By Express News Service

KOCHI: The Kerala High Court has held that sanction, as mandated under Section 197 of the Criminal Procedure Code, is not required to prosecute police officers for their illegal acts under the guise of exercising lawful discharge of their official duties.

The court made the observation while confirming the Kollam district court’s order upholding the sentences awarded to five police officers of Ezhukone police station in Kollam for assaulting an accused person in a case in 1996.

The court observed that the intention behind incorporating Section 197 in CrPC was an assurance to a public servant that for whatever bona fide actions taken by him/her in the lawful exercise of the authority, he.she would be protected.

The court pointed out that Section 197 of CrPC is not meant to protect a public servant dealing with the life or personal liberty of a man out of the purview of law or procedure established by law. A policeman has to act within the limits of the legal domain recognised by the code or any other law.The court said the petitioner could not take advantage of Section 197 of CrPC after committing mischievous acts under the guise of lawful discharge of official duties. 



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