Case Note & Summary
The petitioner, a police officer, was in custody of respondent No.2, an accused. Respondent No.2 complained to the Magistrate that the petitioner assaulted him with a belt and stick while in custody. The Magistrate referred him for medical examination, found injuries, and issued process against the petitioner and a constable for offences under Sections 323, 324, 506 read with 34 of the Indian Penal Code, 1860. The petitioner challenged the order by filing a revision before the Sessions Court, which was dismissed. The petitioner then filed a criminal writ petition before the Bombay High Court. The main legal issue was whether previous sanction under Section 197 of the Code of Criminal Procedure, 1973 was required before prosecuting the petitioner. The petitioner's counsel argued that no prosecution could be launched without sanction, relying on Rakesh Kumar Mishra v. State of Bihar. The court, however, held that the alleged acts of assault were not in the discharge of official duty. The court applied the test that the act must be so integrally connected with the duty that it cannot be separated. Since assaulting a person in custody is not part of a police officer's duty, no sanction was required. The court dismissed the petition, upholding the issuance of process.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Applicability to Police Officers - The court considered whether a police officer can be prosecuted for assaulting a person in custody without prior sanction under Section 197 CrPC. The court held that the alleged acts of assault with belt and stick are not in the discharge of official duty, and therefore no sanction is required. The court applied the test from Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC (Cri) 432, that the omission or neglect must be such as to be reasonably connected with the discharge of official duty. (Paras 1-4) B) Indian Penal Code - Assault and Criminal Force - Sections 323, 324, 506 IPC - Custodial Violence - The court examined whether a police officer's act of assaulting a person in custody with a belt and stick falls within the ambit of official duty. The court reasoned that such acts are not part of the officer's duty and thus do not attract the protection of Section 197 CrPC. The court upheld the issuance of process by the Magistrate. (Paras 1-4)
Issue of Consideration
Whether previous sanction under Section 197 of the Code of Criminal Procedure, 1973 is necessary for prosecuting a police officer for offences under Sections 323, 324, 506 read with 34 of the Indian Penal Code, 1860, when the alleged assault occurred while the accused was in custody.
Final Decision
The petition is dismissed. The order of the Sessions Court and the issuance of process by the Magistrate are upheld.
Law Points
- Sanction under Section 197 CrPC is not required for prosecution of a public servant for offences that are not committed in the discharge of official duty
- Assault on a person in custody is not an act done in the execution of duty
- The test to determine if an act is in discharge of official duty is whether the act is so integrally connected with the duty that it cannot be separated
