Supreme Court Lays Down Principles Governing Joint Trials in Criminal Cases under CrPC and BNSS  ||  Karnataka HC: Person Joining Festivals of Another Religion Does Not Violate Rights  ||  Himachal Pradesh High Court: Recovery of Money without Proof of Demand Is Not Bribery  ||  Kerala HC: Cognizance Of Rape u/s 376B IPC Needs Complaint by Separated Wife, Not on Police Report  ||  J&K&L HC: Dealership & Lease Agreements Are Separate Contracts and Disputes Must Be Filed Separately  ||  Calcutta High Court: Unemployment Does Not Excuse Able-Bodied Husband from Maintaining His Wife  ||  Ker. HC: Violating the Procedure for Sampling Contraband u/s 53A of Abkari Act Vitiates Prosecution  ||  Delhi High Court: Students with Less Than 75% Attendance Cannot Contest DU Student Union Elections  ||  Delhi High Court: UGC Cannot Debar a University from PhD Admissions under UGC Act  ||  Delhi High Court: MCD's Higher Property Tax on Luxury Hotels Not Arbitrary    

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