Police Cannot Justify Assault on Accused as Part of Official Duty : Kerala High Court
In a recent decision, the Kerala High Court has categorically held that acts of physical assault on an accused by police officers cannot be justified under the pretext of "official duty." The court asserted that such actions constitute a blatant abuse of power and a grave violation of fundamental rights, which cannot be shielded under the law.
The case in question arose when police personnel were accused of assaulting an individual in custody. The officers contended that their actions were carried out in the discharge of their official duties, invoking the protection of Section 197 of the Code of Criminal Procedure (CrPC). This provision mandates prior sanction before prosecuting public servants for acts purportedly performed in their official capacity.
Rejecting this defense, the court unequivocally stated, “Assault on an accused person cannot be categorized as an act in furtherance of official duties.” It further clarified that the protection under Section 197 of the CrPC can only apply if there exists a clear and reasonable nexus between the act and the performance of official functions. The judgment emphasized, “Beating or assaulting a person in custody is neither an integral nor a permissible part of the duties assigned to the police.”
The court drew attention to the constitutional safeguards enshrined under Articles 21 and 22, which guarantee the right to life, dignity, and protection from arbitrary detention and inhumane treatment. It warned that granting immunity to such acts would set a dangerous precedent, eroding public trust in law enforcement agencies and the justice system as a whole.
By reiterating that no public servant is above the law, the High Court's ruling serves as a stern reminder of the accountability required from those entrusted with maintaining law and order. The judgment underlines that acts of custodial violence, often veiled under claims of "official duty," must be rigorously scrutinized and dealt with under the law.
Case Title: C. Alavi V/s The State of Kerala
Case No: CRL.REV.PET NO. 86 OF 2015
Date: November-27-2024
Bench: Justice K Babu
[Read/Download Order]
