The Allahabad High Court has rejected applications from police personnel seeking protection from prosecution in a custodial violence and molestation case, ruling that such acts constitute heinous crimes rather than official police duties.
In a September 9 order, a bench of Justice Madan Pal Singh affirmed a lower court’s decision, holding that police officers accused of brutalizing detainees cannot claim immunity under Section 197 of the Code of Criminal Procedure (CrPC). Section 197 mandates prior sanction from the government before prosecuting public servants for acts committed in the line of official duty.
The High Court dismissed two applications filed by police personnel—including female officers—challenging a September 27, 2024, trial court order that had rejected their discharge pleas. The High Court found no error in the trial court’s decision, ruling that the applications were devoid of merit.
According to court records, the victims were allegedly subjected to severe violence while in police custody, where their hands and feet were bound with rope, and they were forced to lie face down while being repeatedly beaten. The court noted that such physical abuse and alleged molestation of women cannot be classified as actions taken in the discharge of official duties.
The case originates from an incident in May 2022 in Banda district, Uttar Pradesh. An initial First Information Report (FIR) was registered under Indian Penal Code (IPC) Sections 147 (rioting), 323 (voluntarily causing hurt), 504 (intentional insult), and 506 (criminal intimidation). Four police constables were dispatched to Padari village to serve notices, where they were allegedly assaulted by suspects and family members.
Following the altercation, additional police forces were deployed to the village. Four women were arrested on the night of May 13, 2022, and four men, including the informant, were arrested the following day. An FIR was subsequently lodged against nine named and several unidentified police personnel attached to the Baberu police station, alleging custodial torture and molestation during the detentions.
The accused police officers had initially petitioned the trial court for discharge, asserting that the actions occurred during the course of their official duties and thus required official government sanction prior to prosecution. After the trial court dismissed their petitions in September 2024, the officers appealed to the Allahabad High Court, which has now upheld the trial court’s ruling, allowing the criminal proceedings against the officers to move forward.
Sources
– [India Today](https://www.indiatoday.in/india/law-news/story/allahabad-high-court-custodial-violence-section-197-crpc-shield-denied-to-accused-cops-ptag-2992798-2026-09-11?utm_source=rss)
Source: India Today – India
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Story synopsis gathered from: India Today – India — source
