In a significant ruling, the Allahabad High Court declared that wearing a police uniform does not give officers the right to assault innocent citizens. The court stressed that police officials cannot claim protection under Section 197 of the CrPC when their actions go beyond the scope of their official duties.
Justice Raj Beer Singh made strong observations while hearing the case of four Uttar Pradesh police officials accused of assaulting and unlawfully detaining a doctor and his companions. The officers had challenged the criminal proceedings against them, claiming protection under Section 197 CrPC. However, the court firmly rejected their plea.
The case arose when, on June 28, 2022, a doctor and his companions were returning from Kanpur to Farrukhabad. Their vehicle accidentally brushed against a police vehicle. Later that night, the police officers intercepted them, abused and assaulted them, fired shots in the air, and forcibly dragged them into police vehicles. The complainants were also robbed of a gold chain, cash amounting to ₹16,200, and had their mobile phone damaged. They were then detained at the Saraimeera police post for over an hour.
The officers argued they were on patrolling duty at the time, and thus, any prosecution required prior sanction under Section 197 CrPC. They further alleged that the injuries were fabricated as the complainant was a doctor who could easily prepare false medical reports.
The Court, however, clarified the law:
"The police uniform does not provide any shield to the applicants. Police uniform is not a license to assault innocent citizens,"
observed Justice Raj Beer Singh.
The Court highlighted that Section 197 CrPC is meant to protect responsible public servants against malicious prosecution when acting in their official capacity. However, such protection applies only when the act is integrally connected with official duties. Acts like assault, robbery, and illegal detention, as alleged in this case, have no reasonable link with official police work.
Quoting the Supreme Court's decision in Om Prakash Yadav vs. Niranjan Kumar Upadhyay & Ors., the High Court emphasized:
"A public servant can claim protection only if the act is directly linked to his official duty. Any misuse of power for illegal acts falls outside the protective umbrella of Section 197 CrPC."
The court also noted there was no evidence that the officers were on authorized patrolling duty at the time. No diary entry or record was produced to support their claim. Additionally, medical reports confirmed injuries sustained by the complainant and his companions, strengthening the case against the accused officers.
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Finally, observing that the alleged acts had no connection with official duties, the Court dismissed the application filed by the officers seeking to quash the proceedings.
"Considering the facts and the law, it is clear that the act committed by the police officials was not in their official capacity,"
the Court concluded.
The ruling reaffirms that public servants cannot misuse their authority and expect immunity under the law. Accountability remains paramount even for those in uniform.
Case title - Animesh Kumar And 3 Others vs. State of U.P. and Another 2025
