Last Updated on July 25, 2024 by News Desk
The Madras High Court has clarified that police officers below the rank of Inspector do not require prior sanction under Section 197 CrPC for prosecution. Section 197 of the CrPC (Section 218 of the Bharatiya Nagarik Suraksha Sanhita 2023) mandates obtaining prior sanction before taking cognizance of an offense involving a judge, magistrate, or a public servant who cannot be removed from office without government sanction. Officers from Police Constable to Inspector had claimed this protection applied to them as well.
The bench of Justice AD Jagadish Chandira and Justice K Rajasekar, however, dismissed this claim. They noted that while Article 14 of the Constitution guarantees equality before the law, it allows reasonable classification by law, provided it is not arbitrary, artificial, or evasive.
The court was responding to a reference on whether “removable by government” includes police officers from Constable to Inspector. The officers argued that their fieldwork exposes them to frivolous complaints by criminals, necessitating protection under Section 197. They claimed that classifying officers based on ‘removal by government’ was unreasonable and violated Article 14. They argued that delegated authority to remove officers should not negate the government’s ultimate power to do so.
The state countered that officers removable by lower authorities are not covered by Section 197, asserting the classification was reasonable. The court supported this view, stating that legislative wisdom reasonably restricted the scope of Section 197. It noted that if “any person” in Article 14 exempted all classifications, no law with reasonable differentia could be enforced.
The court ruled that authority vested in appointing or dismissing government servants excludes them from being considered removable by the government for Section 197 purposes. The court dismissed the officers’ argument that they should be protected because the government is the appellate authority, noting that appellate review occurs only after a superior’s decision.
Relying on Supreme Court precedents, the court concluded that police officers from Constable to Inspector are not entitled to protection under Section 197 CrPC. This ruling confirms that lower-ranking police officers can be prosecuted without prior government sanction.
Written By — Athi Venkatesh AVD
