GUWAHATI: The Supreme Court has ruled that police officials accused of lodging false cases cannot claim protection under Section 197 of the Code of Criminal Procedure (CrPC). The Court explained that the protection offered by Section 197 CrPC is only applicable to actions performed as part of an official duty. Since fabricating evidence and filing bogus cases do not fall under these duties, the Court held that this protection is not applicable in such cases.
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The decision comes after the MP High Court had previously quashed a criminal case against police officials accused of fabricating alibi documents to protect an accused in a murder case. The High Court had noted that a prior sanction under Section 197 CrPC was not obtained before prosecuting the police officers. However, the Supreme Court overturned this decision, stating that the High Court erred in dismissing the case due to a lack of sanction.
The bench, comprising Justices J.B. Pardiwala and Manoj Misra, emphasised that when a public servant is accused of misconduct, including falsifying documents, it is crucial to examine whether such actions fall within their official duties before quashing a case. The Court cited various authorities to underline that fabrication of documents is not part of a police officer’s official responsibilities.
Justice Pardiwala, delivering the judgment, noted, “The misuse or abuse of powers by a public servant, such as fabricating documents or conducting searches with the sole aim of harassment, cannot be shielded under Section 197 CrPC.” The ruling was clear that allowing public officials to perform such acts under the guise of official duty would enable them to misuse their position unlawfully.
The judgment noted that permitting public servants to perform such acts under the guise of official duty could enable them to misuse their position for illegal and unlawful purposes.
