S. 197 CrPC Sanction Cannot be Decided Mechanically at Threshold in Police Assault Cases Requiring Trial: Kerala HC lets Army Sepoy’s Complaint Proceed
Kerala High Court ruled that the question of prior sanction under Section 197 CrPC must be deferred when the alleged misconduct of public servants and its nexus with official duty involve disputed facts. The Court held that police officers cannot invoke statutory protection as a blanket shield against allegations of unjustified violence and allowed the complaint to proceed.