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chandralekha sanu   17 September 2021

protection of police official

does protection of police officials come under 197 crpc


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 September 2021

yes. It comes. Section 197 of the CrPC seeks to protect an officer from unnecessary harassment, who is accused of an offence committed while acting or purporting to act in the discharge of his official duties and, thus, prohibits the court from taking cognisance of such offence except with the previous sanction of the competent

minakshi bindhani   21 October 2021

As per your concerns!

For criminal liability, the Code of Criminal Procedure, 1973 (CrPC) gives procedural safeguards to government servants to be able to prevent vexatious litigation against an official who is performing a public function.

D.Rajagopal v. Ayyappan & Anr. and connected matter

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.

Hope it helpful
Regards
Minakshi Bindhani

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