The Kerala High Court has ruled that physically torturing a man at a police station is not considered part of official duty. The court dismissed a police officer’s request for protection under Section 197 of the Criminal Procedure Code.
The Kerala High Court rejected a police officer’s request for protection from prosecution under Section 197 of the Code of Criminal Procedure (CrPC). This case dates back to 2008 when a Sub-Inspector (SI) at the Nilambur Police Station was accused of assaulting a man who had been called to the station. The man was accused by a woman of publicly insulting her. An Assistant Sub-Inspector at the same station filed a case against the SI. However, the Deputy Superintendent of Police later dismissed the complaint, calling it a “false case.” In response, the victim filed a private complaint with a magistrate, who accepted the case and charged the officer with sections 294(b) (using obscene language), 323 (causing hurt), 324 (causing hurt with dangerous means), and 341 (wrongful restraint) of the Indian Penal Code (IPC).
The accused officer appealed the magistrate’s ruling in the High Court, claiming he deserved protection under Section 197 of the CrPC since he was on duty. Justice K Babu stated, “How can we say that a Police Officer physically torturing a man at the Police Station is part of his official duty? Such actions do not fall within the scope of his official responsibilities. Therefore, he is not entitled to the protection under Section 197 CrPC.” The Court clarified that this provision protects public servants from prosecution for actions taken during their official duties, but it does not cover acts of abuse or torture.
Advocate Babu S. Nair represented the Petitioner, while Advocate G. Sudheer represented the Respondent. The complainant’s lawyer argued that the assault was unrelated to the officer’s official duties and did not fall under the protection of Section 197. The Court supported the complainant’s view, stating that physical torture and abuse are not part of an officer’s responsibilities. Additionally, the Court pointed out that a 1977 notification from the Kerala government, which protected police officers acting to maintain public order or enforce the law, was not relevant to this case.
The High Court confirmed the magistrate’s decision to move forward with the charges against the officer and rejected the petition from the SI. The Court decided that the officer was not eligible for the legal protection under Section 197 of the CrPC.
Cause Title: C Alavi v. State of Kerala & Anr., [2024:KER:89173]
Appearance:
Petitioner: Advocate Babu S. Nair and Smita Babu
Respondents: Public Prosecutor G. Sudheer, Advocate P. Jayayram
