The Madhya Pradesh High Court has declined to extend protection under Section 197 of the Code of Criminal Procedure (CrPC) to police personnel accused in a custodial death case. The court ruled that alleged acts of violence while in custody cannot be automatically considered part of official duty, as per a report by LiveLaw.
Background of the Case
Justice Gajendra Singh observed that protection for public servants under Section 197 CrPC applies only when there is a reasonable connection between the alleged act and their official duty. The case pertains to the death of Pankaj Vaishnav, who died on December 19, 2015, while in police custody at the MIG police station in Indore.
A charge sheet was filed against police personnel, including Rajkumar Dwivedi and Krishna Kumar Patel, under sections such as abetment of suicide (Section 306), wrongful confinement (Section 342), and giving false information (Section 193) of the Indian Penal Code.
Prosecution's Allegations
According to the prosecution, Pankaj was brought to the police station for questioning in connection with an alleged scooter theft case and died while in custody. An inquiry by the Additional Chief Judicial Magistrate determined that the death amounted to culpable homicide.
The police personnel approached the High Court after the trial court rejected their application seeking protection under Section 197 CrPC. They argued that prior government sanction was required before prosecution could proceed against them.
High Court's Observations
The High Court examined whether the alleged acts had a reasonable connection with official duties. It noted that Section 197 CrPC protects public servants from harassment for acts connected with their official work, but the protection depends on the facts of each case.
The court observed that this was not a case where police officers were using force while dealing with a violent situation. Instead, the allegations related to the use of force when the person was already in police custody. “The allegation levelled in the complaint petition is allegation of custodial death/violence,” the court said.
The court also referred to earlier Supreme Court observations that custodial violence is among the worst crimes in a civilised society and affects basic human rights.
Final Ruling
Rejecting the police personnel’s plea, the High Court held that the “reasonable nexus” test was not satisfied and that Section 197 CrPC protection was not available in this case. It upheld the trial court’s order and allowed the criminal proceedings to continue.
