Physically Torturing Man At Police Station Cannot Be Treated As Part Of Official Duty: Kerala HC Dismisses Police Officer’s Plea Seeking Protection U/S 197 CrPC

The case arose from an incident in 2008 when a Sub-Inspector (SI) at the Nilambur Police Station was accused of assaulting a man who had been summoned to the station. The man had been accused by a woman of publicly abusing her.

The Assistant Sub-Inspector at Nilambur Police Station filed a case against the accused SI. However, the Deputy Superintendent of Police later dismissed the complaint, labeling it a “false case.” In response, the victim pursued a private complaint before a magistrate, who took cognizance of the case and charged the officer under 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 challenged the magistrate’s decision in the High Court, arguing that he was entitled to protection under Section 197 of the CrPC, as he was performing his official duties at the time.

A Bench of Justice K Babu said, "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 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,"

The Court explained that this provision grants protection to public servants from prosecution for actions done in the course of their official duties, but does not extend to acts of abuse or torture.

Advocate Babu S. Nair appeared for the Petitioner and Advocate G. Sudheer appeared for the Respondent.

The complainant’s counsel argued that the assault was not related to the officer’s official duties and fell outside the scope of Section 197 protection.

The Court agreed with the complainant’s argument, emphasizing that acts of physical torture and abuse could not be considered part of the officer's duties. Furthermore, the Court noted that a 1977 notification issued by the Kerala government, which offered protection to police officers for actions undertaken to maintain public order or as part of law enforcement, did not apply to this case.

The High Court upheld the magistrate’s decision to proceed with the charges against the officer and dismissed the petition filed by the SI. The Court ruled that the officer was not entitled to the legal protection provided 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

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