Madhya Pradesh High Court Rules Custodial Violence by Police Not Protected Under Official Duty

Court dismisses plea for quashing proceedings against police officers accused of custodial assault, citing lack of reasonable connection with official duty.

In a significant ruling, the Madhya Pradesh High Court at Gwalior has dismissed a petition filed by police officials seeking to quash proceedings against them for alleged custodial violence. The court clarified that such acts do not fall under the protection of official duties as outlined in Section 197 of the Criminal Procedure Code (CrPC).

The case arose from a complaint by Pooja Kushwah, who alleged that her brother, Dhirendra, was illegally detained and assaulted by police officials, including Smt. Mamta Gurjar, at the Bargawan police station. The complainant described severe physical abuse and threats made by the officers, which were not part of any registered investigation or interrogation prior to the incident.

The police officials contended that their actions were part of their official duties and sought protection under Section 197 CrPC, which requires prior government sanction to prosecute public servants for acts performed in their official capacity. However, both the trial court and the Sessions Judge had dismissed their application, leading to the present petition.

Justice Rajesh Kumar Gupta, presiding over the case, emphasized that the acts of assault and custodial violence were wholly unrelated to official duties. The court relied on several precedents, including the landmark judgments in D.K. Basu v. State of West Bengal and Devinder Singh v. State of Punjab, which established that illegal acts in custody do not attract the protection of Section 197 CrPC.

The court reiterated that the protection under Section 197 is not automatic and applies only when there is a "reasonable connection" between the act and the official duty. Since the alleged acts were outside the scope of official duties, the plea for quashing the proceedings was rejected.

This ruling reinforces the legal stance that custodial violence cannot be justified as part of police duties, aligning with the broader judicial condemnation of such practices. The trial against the accused police officials will proceed as per law, unaffected by the observations in the High Court's order.

Bottom Line:

Custodial violence, assault, or torture by police officials does not constitute acts done in discharge of official duty under Section 197 CrPC, and hence, no prior sanction is required for prosecution.

Statutory provision(s): Section 197 CrPC, Section 482 CrPC, Bharatiya Nagarik Suraksha Sanhita 2023

Smt. Mamta Gurjar v. Pooja Kushwah, (Madhya Pradesh)(Gwalior) : Law Finder Doc Id # 2818375