The Rajasthan High Court has acquitted a police constable convicted under Section 223 of the Indian Penal Code (IPC) after two undertrial prisoners escaped from his custody, emphasizing that “every error in judgment does not constitute criminal negligence.”
The case involved Mushtaq Ali, a constable at Chanderiya Police Station, Chittorgarh, who was on guard duty while also managing wireless operations. The undertrial prisoners, Suresh Kumar and Rajak Khan, were tied to a table in the SHO's office due to the absence of a lock-up facility.
On the night of June 20–21, 1994, a sudden power outage during peak summer led to unbearable heat and suffocation in the confined space. The prisoners cried out in distress. Reacting on humanitarian grounds, the constable moved them outside and tied their handcuffs to a pillar. In the dark, the undertrials managed to escape, and Ali was held responsible for the lapse.
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Quashing his conviction, Justice Farjand Ali observed:
“The petitioner's actions were driven by humanitarian concern, not by indifference or reckless conduct.”
The Court emphasized that Section 223 IPC, which deals with escape due to negligence, requires “criminal negligence,” which means a gross and culpable failure beyond mere error or lapse.
Citing the Supreme Court's ruling in Jacob Mathew v. State of Punjab, the Court reiterated that criminal negligence involves:
“A reckless disregard of consequences and an obvious, preventable risk arising from the act or omission.”
The judgment further stated that:
“Expectations of perfect supervision must be weighed against practical limitations like dual duty assignments and infrastructure gaps.”
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Key factors noted by the Court included:
- No lock-up facility was available at the police station.
- The constable was managing both guard and wireless duties.
- Extreme heat and suffocation posed a real danger to the detainees’ health.
- The prisoners were still restrained when moved.
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The Court concluded:
“In absence of proof establishing that the petitioner’s act was so grossly negligent as to attract Section 223 IPC, the conviction cannot be sustained.”
The Court ruled that the petitioner’s act was a reasonable and compassionate response under pressing circumstances and did not reflect a reckless disregard of duty. Consequently, the earlier decisions by the Trial and Appellate Courts were set aside and the constable was acquitted.
Title: Mushtaq Ali v State of Rajasthan
