Head Constable Raj Kumar & Others v. State of Punjab & Another, 2025
The Prosecution of police officials in an alleged fake encounter case under Section 197 Cr.P.C. sanction not required when actions are outside the scope of official duty.
Judgement Details
Court
Supreme Court of India
Date of Decision
15 June 2025
Judges
Justice Vikram Nath ⦁ Justice Sandeep Mehta
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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In 2015, a civilian was killed in an alleged fake police encounter in Punjab.
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The police claimed the deceased was a gangster and they had acted in self-defence during a shootout.
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FIR was initially lodged by police under Section 307 IPC and the Arms Act, attributing the firing to retaliatory action.
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In 2016, the friend of the deceased filed a private complaint, alleging that the encounter was fake and that nine police officials, including a Deputy Commissioner of Police (DCP), were involved in cold-blooded murder and evidence tampering.
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A Special Investigation Team (SIT) was constituted, which:
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Found the police version false.
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Recommended prosecution under Section 304 IPC against eight police officials.
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Suggested cancellation of the original FIR.
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A magistrate court took cognizance and summoned all nine officials.
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The Sessions Court framed charges accordingly.
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In 2019, the High Court upheld charges against the nine but quashed the proceedings against the DCP, citing lack of sanction under Section 197 Cr.P.C.
Issues
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Whether prosecution of police officers required prior sanction under Section 197 Cr.P.C. when they are accused of conducting a fake encounter.
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Whether the act of firing at civilians while in plain clothes falls within the ambit of official duty.
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Whether the High Court was correct in exonerating the DCP from trial for allegedly tampering with evidence under Section 201 IPC.
Held
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Section 197 Cr.P.C. protection is not available in cases where public servants commit acts outside the color of authority, such as fake encounters or tampering with evidence.
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The accused police officials will face trial for culpable homicide and evidence destruction.
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The High Court erred in dropping charges against the DCP.
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The cloak of official duty cannot shield unlawful acts or abuse of power.
Analysis
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The Court applied the principle that sanction under Section 197 Cr.P.C. is not required when the alleged act has no nexus with official duty.
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Referenced the precedent of Gauri Shankar Prasad v. State of Bihar (2000) 5 SCC 15, emphasizing that:
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Even if official arms were used, it doesn’t convert illegal acts into lawful duty.
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Actions intended to thwart justice, such as removal of registration plates, fall outside protection.
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The ruling upholds accountability of police officers and reinforces that public office does not provide immunity for criminal actions.
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This judgment is significant for handling cases involving fake encounters, police excess, and misuse of official power.