[S. 197 CrPC] Police Officials Can't Be Prosecuted Without Govt's Sanction Even If They Exceed Scope Of Power While On Official Duty: Kerala High Court

The Kerala High Court ruled that police officials cannot face prosecution for acts performed in official duty without prior sanction under Section 197 CrPC. Justice P.G. Ajithkumar emphasized that even if police illegally detain or manhandle someone, sanction is required if the act relates to their official duties. The court clarified that if an act is reasonably connected to official duty, sanction is mandatory, irrespective of legality. The case involved police accused of manhandling and detaining the complainant, leading to their conviction later overturned on appeal citing lack of sanction. The court referenced precedents and Section 197 to uphold that acts by police, regardless of legality, necessitate sanction if linked to official duties to prevent malicious prosecutions.