J&K&L HC: Failure to Frame Limitation Issue Not Fatal; Courts May Examine Limitation Suo Motu  ||  Bombay HC: Preventing Feeding Stray Dogs at Society or Bus Stop is Not 'Wrongful Restraint'  ||  Gujarat HC: Not All Injuries Reduce Earning Capacity; Functional Disability Must Be Assessed  ||  Delhi HC: Framing of Charges is Interlocutory and Not Appealable under Section 21 of NIA Act  ||  Supreme Court: Mutation of Revenue Records Can Be Based on a Will  ||  Supreme Court: Informant’s Criminal Revision Does Not Abate on Death; Other Victims May Continue  ||  Supreme Court: Driving Licence Renewal After a Gap Will Not Take Effect From Expiry Date  ||  Supreme Court: High Courts Cannot Quash Cheque Bounce Cases by Pre-Trial Inquiry Into Liability  ||  Supreme Court: Passport Renewal Cannot be Denied if Trial Court Has Permitted it Despite Pending Case  ||  SC: Delay in Depositing Sale Balance Does not Make Specific Performance Decree Inexecutable    

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