Bureaucracy
Supreme Court : No Sanction Required to Prosecute Police Officers for False Cases or Fabricating Evidence Under CrPC S.197
The Supreme Court has ruled that police officers accused of filing false cases or fabricating evidence cannot claim immunity under Section 197 of the Code of Criminal Procedure (CrPC). The Court clarified that the protection offered under this section applies only to acts performed as part of official duties, which do not include fabricating evidence or lodging bogus cases.
Key Observations
The bench, comprising Justices J.B. Pardiwala and Manoj Misra, overturned a Madhya Pradesh High Court decision that had quashed a criminal case against police officers accused of fabricating alibi documents to shield individuals involved in a murder case. The High Court had earlier held that prior sanction under Section 197 CrPC was required to prosecute the officers.
The Supreme Court emphasized that acts such as filing false cases or fabricating evidence cannot be considered part of the lawful duties of public officials. Justice Pardiwala, authoring the judgment, stated:
“It can be no part of a public servant’s official duty to lodge a bogus case or fabricate evidence. Such acts are impermissible and fall outside the protective scope of Section 197 CrPC.”
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Protection Misused as a Facade
The Court warned against allowing public servants to misuse the shield of Section 197 CrPC to justify unlawful actions, stating that it would enable them to use their official position as a facade for engaging in illegal activities.
“Allowing such misuse would undermine the rule of law, as it would permit public servants to take undue advantage of their position under the guise of official duty,” the judgment noted.
The bench reiterated that the applicability of Section 197 CrPC must be determined based on the specific facts and circumstances of each case. Acts such as threatening individuals to provide false statements, obtaining signatures on blank papers, detaining individuals illegally, or creating fabricated documents cannot be protected under this section.
Evidence Must Be Examined in Trial
The Supreme Court criticized the High Court for quashing the case prematurely, noting that the decision to dismiss such cases should not be made at the preliminary stage. Instead, evidence must be presented before the trial court to ascertain whether the alleged acts fall within the official duties of the public servant.
Ruling and Implications
The Court allowed the appeal and directed the trial to proceed against the accused police officers. The judgment highlights the importance of holding public servants accountable for their actions, ensuring that the protective provisions of Section 197 CrPC are not misused to shield illegal activities.
This ruling reinforces the principle that no public official is above the law and underscores the judiciary’s commitment to preventing the abuse of power by those in positions of authority.
