Legal Aid Must Be Effective; Prosecutors Must Ensure Fair Trial' : Supreme Court Issues Guidelines To Legal Aid Lawyers, Prosecutors

The Kerala High Court ruled that prior sanction is not required for taking cognizance of offenses involving police torture if prima facie evidence exists. The decision came in a case where police officers were accused of custodial violence. The bench clarified that Section 197 CrPC, which mandates prior government sanction for prosecuting public servants, doesn’t apply to acts outside official capacity. The judgment underscores the judiciary’s focus on accountability in law enforcement. It sends a strong message against police impunity, emphasizing that custodial violence cannot be shielded by procedural requirements. The ruling also highlights the need for robust mechanisms to address human rights violations within institutions of power. It marks a step toward ensuring that victims of custodial violence have access to justice while deterring potential misuse of authority by public servants.