SC: Government Sanction Must for Prosecuting Police Officers Acting Under Official Duty
Last Updated on April 14, 2025 by Shianjany Pradhan
The Supreme Court has reaffirmed that police officers cannot be prosecuted for actions taken during official duties—even if they overstep their authority—unless prior government sanction is obtained. This protection is granted under Section 197 of the CrPC and Section 170 of the Karnataka Police Act.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma quashed criminal proceedings against two retired officers accused of wrongful confinement, assault, and intimidation during an investigation in 1999. The Court held that the Magistrate erred in taking cognisance without first securing government sanction.
The complainant had alleged that police officers assaulted and tortured him, forced him to pose for a humiliating photograph, and wrongfully detained him. While the allegations were serious and backed by medical evidence, the Court found that the possibly excessive acts were linked to official investigations and thus fell under statutory protection.
Referring to past rulings in Virupaxappa, D. Devaraja, and Gurmeet Kaur, the Court reiterated that if an officer’s actions are reasonably connected to their official duties, prior sanction is mandatory before initiating legal proceedings.
Given the age and retired status of the accused officers (71 and 64), and the fact that three co-accused had already passed away, the Court said continuing the proceedings would serve no useful purpose.
The appeals were allowed, and the summoning orders were set aside.
