NCLAT: Consideration of Debt Restructuring by Lenders Doesn’t Bar Member from Initiating Proceedings  ||  Delhi High Court: In Matters of Medical Evaluation, Courts Should Exercise Restraint  ||  Delhi HC: Any Person in India Has Right to Legally Import Goods from Abroad and Sell the Same  ||  Delhi HC: Waiver to Section 12(5) of Arbitration Act to be Given Once Tribunal is Constituted  ||  Supreme Court Has Asked States to Regularise Existing Court Managers  ||  SC: Union & States to Create Special POSCO Courts on Top Priority  ||  SC Upholds Authority of CERC to Award Compensation for Delays  ||  SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab  ||  SC: Cannot Use Article 142 to Frame Guidelines on Judicial Recusal  ||  SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches    

Surinderjit Singh Mand and anr. v. State of Punjab and anr. - (Supreme Court) (05 Jul 2016)

Detaining suspect illegally outside ‘official duties’ of police

Criminal

Police officials cannot be said to be acting “in the discharge of official duties” when they illegally detain a suspect longer than is claimed by them.

The matter before the Supreme Court raised questions about sanction from the relevant department before criminal proceedings could be commenced against the accused deputy superintendents of police. In the instant case, an initial sanction to investigate involvement of the police officers had turned up empty-handed. However, continued efforts of the mother of the suspect saw the police officers being summoned before trial court. They claimed the same was untenable as no sanction had been obtained by prosecution.

Under Section 197 of the Code of Criminal Procedure, prosecution must obtain sanction from the department overseeing the government employee’s duties to continue proceedings. The department deliberates within itself and only when it believes that a case is made out is approval granted to proceed with prosecution.

The Supreme Court concluded that formalities on the actual date of the suspect’s arrest had not been complied with and, in any case, the appellants claimed that he had not been arrested at all. As such, since the mandatory conditions of arrest and detention had not been followed, the police officers were not “acting or purporting to act in the discharge of their official duties.”

Relevant : Dr. Hori Ram Singh vs. Emperor MANU/FE/0001/1939 R. Balakrishna Pillai vs. State of Kerala MANU/SC/0237/1996 Section 197 Code of Criminal Procedure, 1973 Act

Tags : CRIMINAL   POLICE   SANCTION   ILLEGAL DETENTION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved