New Delhi: In the case of Om Prakash Yadav v. Niranjan Kumar Upadhyay & Others, the Supreme Court ruled that police officers filing false or fabricated complaints cannot claim immunity from prosecution under the pretext of official duty.
A bench comprising Justices JB Pardiwala and Manoj Misra clarified that Section 197 of the CrPC, which provides protection to public officials from prosecution for acts performed in their official capacity, does not apply when officers misuse their authority. As per Bar and Bench, Section 197 requires prior government sanction to prosecute public servants for acts linked to their official duties. However, this protection is not absolute.
The Court emphasised that actions such as threatening individuals to provide tutored statements, obtaining signatures on blank papers, illegal detention, fabricating evidence, or conducting searches to harass individuals fall outside the ambit of official duties.
“Misuse or abuse of power to perform acts impermissible by law cannot be shielded under Section 197 CrPC,” the Court stated.
The Court ruled that lodging false cases and fabricating evidence can never be considered part of an officer’s official duties. The judgment underlined that there is no reasonable nexus between such wrongful acts and the lawful execution of official responsibilities. Consequently, the need for government sanction under Section 197 CrPC does not arise in these instances.
“The mere fact that a wrongful act arose during the course of official duty does not automatically bring it under the protection of Section 197 CrPC,” the Court observed.
“To hold otherwise would allow public servants to misuse their position as a facade for unlawful actions, enabling them to evade accountability,” it added.
