G.C. Manjunath vs Seetaram 2025 INSC 439 - S. 197 CrPC - S. 170 Karnataka Police Act - Sanction - Police Excess
Code Of Criminal Procedure 1973 - Section 197 ; Karnataka Police Act - Section 170- Any action undertaken by a public officer, even if in excess of the authority vested in them or overstepping the confines of their official duty, would nonetheless attract statutory protection, provided there exists a reasonable nexus between the act complained of and the officer’s official functions (Para 39) - A mere excess or overreach in the performance of official duty does not, by itself, disentitle a public servant from the statutory protection mandated by law. (Para 40) The underlying rationale of both these statutory provisions is to safeguard public functionaries from frivolous or vexatious prosecution for actions undertaken in good faith in the discharge of, or purported discharge of, their official duties, thereby ensuring that the fear of litigation does not impede the efficient functioning of public administration. (Para 31) The pivotal inquiry is whether the impugned act is reasonably connected to the discharge of official duty. If the act is wholly unconnected or manifestly devoid of any nexus to the official functions of the public servant, the requirement of sanction is obviated. Conversely, where there exists even a reasonable link between the act complained of and the official duties of the public servant, the protective umbrella of Section 197 of the CrPC and Section 170 of the Police Act is attracted. In such cases, prior sanction assumes the character of a sine qua non, regardless of whether the public servant exceeded the scope of authority or acted improperly while discharging his duty. (Para 36)
