The Kerala High Court has ruled that police officers accused of assault cannot claim immunity under Section 197 of the Code of Criminal Procedure (CrPC), which protects public servants for actions performed in their official duties. The decision, delivered by Justice K Babu, clarified that acts of physical torture and abuse do not fall within the ambit of official duties.
The Court made this observation while rejecting a plea by a Sub-Inspector (SI) of Nilambur Police Station. The officer had challenged the trial court’s decision to take cognizance of a private complaint accusing him of assaulting a man summoned to the police station in 2008.
“How can we say that the act of a Police Officer physically torturing a man at the Police Station is to be treated as part of his official duty?” the Court remarked, emphasizing that such actions cannot be shielded by Section 197 CrPC. “The alleged acts, at any rate, would not fall within the scope and range of his official duties. Therefore, he is not entitled to the protection contemplated under Section 197 CrPC,” it added.
Background of the Case
The controversy stemmed from an incident where the accused SI allegedly summoned a man to the police station after a woman accused him of public abuse. The SI is said to have verbally abused the man and physically assaulted him by slamming his head against a wall, kicking his abdomen and chest, and punching his chest. Despite attempts by the man’s sister—a woman constable at the same station—to intervene, the assault reportedly continued.
Following the incident, a case was initially filed against the SI by the Assistant Sub-Inspector of Nilambur Police Station. However, a “false case” report was later submitted by the Deputy Superintendent of Police. The aggrieved victim then pursued a private complaint before a magistrate, leading to the trial court’s decision to charge the SI under various sections of the Indian Penal Code (IPC), including Sections 294(b) (use of obscene words), 323 (causing hurt), 324 (causing hurt with dangerous means), and 341 (wrongful restraint).
Court’s Analysis
The SI’s defense argued that the magistrate had erred by taking cognizance of the complaint without prior government sanction, as required under Section 197 CrPC. It was contended that the alleged actions were performed in the discharge of official duties.
The High Court rejected this argument, agreeing with the complainant’s stance that acts of assault were unrelated to the officer’s duties. Furthermore, the Court noted that the accused could not claim protection under a 1977 Kerala government notification, which safeguards police officers for acts performed to maintain public order or enforce the law.
Conclusion
Upholding the magistrate’s decision to frame charges, the Kerala High Court firmly stated that acts of physical torture are outside the scope of a police officer’s official duties and therefore cannot be shielded under Section 197 CrPC.
