13 June 2024 Acquittal >> Criminal Law   |   Police Action >> Criminal Law  

A recent appeal case involved a man who accused police officers of manhandling him while taking him into custody. The lower court found the officers guilty, but the appellate court overturned the decision.

Background:

The complainant alleged that police officers forcefully took him from his home, manhandled him and his family, and illegally detained him at the station. The officers claimed they were acting on a separate case (S.T.No.2059 of 1996) against the complainant for disorderly conduct in public under the Kerala Police Act. They argued they brought him in for a medical examination related to this case. The crux of the case revolved around Section 197 of the Criminal Procedure Code (CrPC). This section protects certain public servants, including police officers, from prosecution for acts done while on duty without prior government sanction. The question was whether the officers' actions were connected to their official duties.

Conclusion:

The court concluded that taking the complainant to the station was part of the officers' official duty related to the other case. The court acknowledged that even if there was manhandling or illegal detention, Section 197 of CrPC requires sanction for prosecution. Since sanction for prosecution under Section 197 was not obtained, the court upheld the appellate court's decision to acquit the police officers.

Important Takeaways:

This case highlights the legal protections afforded to public servants acting in their official capacity. It also emphasizes the importance of following proper procedures when prosecuting such officials for alleged misconduct.

  KERALA POLICE (AMENDMENT) ACT, 1979    Code of Criminal Procedure, 1973