Requirement of Section 197 CrPC Sanction for Prosecuting Police Officers Accused of Custodial Torture

sketch of the Bombay High Court
Case
SANJAY BAPUSO DALVI v. STATE OF MAHARASHTRA AND ANR (Bombay High Court, 09-07-2026)
Law
Code of Criminal Procedure, Indian Penal Code, Constitution of India, Administrative Law, Jurisprudence.

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.