Service Matters- Protection U/S.197 Of CrPC to Public Servant misusing and Or abusing their Powers.

 

Hon'ble High Court of Karnataka in a case titled Sri. S. Shivakumar Vs. The State Of Karnataka Decided on 24/05/202 has held that If the authority vested in a public servant is misused for doing things that are not otherwise permitted under the law, such acts cannot claim the protection of Section 197 Cr.P.C.

The Court referring to the judgment of the Apex Court in the case of Choudhury Parveen Sultana v. State of West Bengal and Another reported in (2009) 2 SCC (Cri) 122 regarding Section 197 of Cr.P.C, wherein the object, nature and scope of Section 97 of Cr.P.C. have been reiterated. Wherein it is held that all acts done by a public servant in the purported discharge of his official duties cannot as a matter of course be brought under the protective umbrella of Section 197 of Cr.P.C. Further, there can be cases of misuse and/or abuse of powers vested in a public servant which can never be said to be a part of the official duties required to be performed by him. The underlying object of Section 197 Cr.P.C. is to enable the authorities to scrutinize the allegations made against a public servant to shield him/her against frivolous, vexatious or false prosecution initiated with the main object of causing embarrassment and harassment to the said official. However, as indicated hereinabove, if the authority vested in a public servant is misused for doing things which are not otherwise permitted under the law, such acts cannot claim the protection of Section 197 Cr.P.C.Misuse and or abuse of powers by a public servant is not a part of their official duties so no protection u/s.197 of CrPC is available and have to be considered dehors the duties which a public servant is required to discharge or perform. Hence, in respect of prosecution for such excesses or misuse of authority, no protection can be demanded by the public servant concerned.-Para No.29

The Apex Court also in the judgment of P.P.Unnikrishnan v. Puttiyottil Alikutty reported in (2000) 8 SCC 131, wherein the Apex Court observed as follows:- "21. If a police officer dealing with law and order duty uses force against unruly persons, either in his own defence or in defence of others and exceeds such right it may amount to an offence. But such offence might fall within the amplitude of Section 197 of the Code as well as Section 64(3) of the K.P. Act. But if a police officer assaults a prisoner inside a lock-up he cannot claim such act to be connected with the discharge of his authority or exercise of his duty unless he establishes that he did such acts in his defence or in defence of others or any property. Similarly, if a police officer wrongfully confines a person in the lock-up beyond a period of 24 hours without the sanction of a Magistrate or an order of a court it would be an offence for which he cannot claim any protection in the normal course, nor can he claim that such act was done in exercise of his official duty. A policeman peeping a person in the-lock-up for more than 24 hours without authority is not merely abusing his duty but his act would be quite outside the contours of his duty or authority."-Para No.30.

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