Police officials won't be prosecuted without the government's penalties, if they exceed their scope of power during their duty ,kerala high court

Police officials won’t be prosecuted without the government’s penalties, if they exceed their scope of power during their duty ,kerala high court

The Kerala High Court concluded that law enforcement officers cannot be sued for an act committed while performing their official duties without authorization from the government under Section 197 CrPC.

FACTS

All four accused were police officers who allegedly manhandled the complainant by forcing him into the police jeep and subjecting him to physical torture. The alleged incident occurred in 1996, while the first and second accused were probationary Sub Inspectors at Pala Police Station, the third was Head Constable and the fourth was the Circle Inspector of Police.
The Judicial Magistrate of the First Class-II, Kottayam dismissed all four defendants

On appeal, the Additional Sessions Court in Kottayam acquitted them. Angered
The Additional Sessions Court acquitted the accused after concluding that the complainant was detained in connection with a complaint filed against him. It so determined that the accused were acting or purporting to act in the execution of their official duties, and that sanction was required to prosecute them.