Police Cannot Claim Exemption Saying Assault Of Accused Is Part Of Official Duty: Kerala HC
📖 Police Cannot Claim Exemption Saying Assault of Accused Is Part of Official Duty: Kerala High Court
🔹 Background
The Kerala High Court has held that police officials cannot take the defence that assaulting an accused is part of their “official duty”. Such acts amount to misuse of power and are not protected under statutory provisions granting immunity to public servants.
This arises under Section 197 CrPC (requirement of sanction for prosecuting public servants) and provisions of the Indian Penal Code dealing with criminal acts. While public servants are protected for bona fide acts done in discharge of their duties, acts of brutality, custodial torture, or assault cannot be justified as “official duty.”
🔹 Court’s Observations
Assault ≠ Official Duty
Official duty refers to lawful actions performed in good faith.
Beating or torturing an accused in custody is a criminal act, not protected by law.
No Immunity for Misuse of Power
Section 197 CrPC protects only acts reasonably connected with official duty.
Custodial assault or torture has no reasonable nexus with investigation.
Right to Life
Assault in custody violates Article 21 of the Constitution (Right to Life and Personal Liberty).
Police, as protectors of law, cannot become violators of law.
🔹 Important Case Laws
Prakash Singh Badal v. State of Punjab (2007) 1 SCC 1
SC held: Protection under Section 197 CrPC applies only when the act is directly linked with official duty.
Acts of personal malice or excesses are not protected.
Devinder Singh v. State of Punjab (2016) 12 SCC 87
SC clarified that protection under Section 197 CrPC does not cover acts which are a dereliction of duty or in abuse of power.
State of Orissa v. Ganesh Chandra Jew (2004) 8 SCC 40
SC held: “If the act complained of is directly concerned with the official duty, sanction is necessary. If not, no sanction is required.”
Assault/torture does not qualify as official duty.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416
Landmark case on custodial violence.
SC issued detailed guidelines against torture, holding that custodial assault is a violation of Article 21 and officials are personally liable.
Kerala HC (Recent Ruling)
Asserted that police cannot hide behind the shield of “official duty” to justify custodial assault.
Criminal law applies equally to police officers.
🔹 Key Takeaways
Official duty ≠ Assault or Torture.
Section 197 CrPC does not protect custodial violence.
Custodial assault is a violation of Article 21 and makes the officer personally liable.
Courts have consistently held that police brutality cannot be justified under the garb of investigation or maintaining order.
✅ Thus, the Kerala High Court reaffirmed that police cannot claim exemption by terming assault of accused as part of their official duty. Such acts are criminal in nature, beyond the scope of lawful duty, and attract liability.
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