Requirement of Section 197 CrPC Sanction for Prosecuting Police Officers Accused of Custodial Torture
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Case: SANJAY BAPUSO DALVI v. STATE OF MAHARASHTRA AND ANR
Court: Bombay High Court
Date: 09-07-2026
Law: Code of Criminal Procedure, Indian Penal Code, Constitution of India.
Highlights of the Judgment:
- Examination of the scope and applicability of Section 197 of the Code of Criminal Procedure regarding prior sanction for public servants.
- Analysis of the "reasonable connection" test between an alleged criminal act and the discharge of official duty.
- Judicial interpretation of whether custodial torture and third-degree treatment fall within the purview of "official duty".
- Discussion on the specific stages at which the question of sanction can be raised and re-evaluated during criminal proceedings.
- Application of the "cloak of authority" doctrine to distinguish between legitimate official acts and criminal excesses.
- Review of landmark Supreme Court precedents defining the limits of protection afforded to police officers under Section 197.
- Clarification on the maintainability of a prosecution in the absence of sanction when acts are prima facie outside official mandates.