New Delhi: In an important judgment to discharge their duties to public servants, the Supreme Court said that the security provided to them, which prevents prosecution without the prior approval of the government, will also apply in cases where the authorities are more than their official powers. The court said that they could not get additionalness for this security alone.
A bench of Justice Biwi Nagrathana and Satish Chandra Sharma said that a simple reading of Section 170 of the Police Act shows that the Legislature has demanded a legal security for some public officials, and if no crime is committed for any crime, no court will commit to any prosecution made by them.
“The important thing is that the protective umbrella of Section 170 is not completely limited to acting strictly within the authority’s limit, but excessively extends from instability to acts from such authority, so as long as there is a proper nexus between an Act, which also complains to official functions,” Section 170 for which it was required for the importance of which it was required.
Security is limited under Section 197 of CRPC and Section 170 of Police Act. This applies only when the alleged Act is appropriately related to the official duties of the officer. If the official role is used only as an excuse to work incorrectly, the law does not provide protection. However, it was held that prior approval security would be available if there is a proper relationship between the Act and the duty.
“When prior approval security will be applicable, this court has admitted that even though a police officer is more than his official powers, unless there is a proper relationship between the Act and its duty, they are entitled to the need for prior approval. Excess alone does not snatch them for this safety,” the court said.
The court was hearing the arguments of the police to challenge their prosecution on the grounds that they were not approved before initiating criminal proceedings against them to misuse their official power and attack a person.
