The Supreme Court on Friday said that prior sanction is not needed to prosecute police officers accused of lodging false cases or fabricating evidence. The top court said that such officials cannot claim that they cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure.

A Bench of Justice JB Pardiwala and Justice Manoj Misra asserted that any misuse or abuse of powers by a public servant cannot fall under the protective umbrella.

“When a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 CrPC was required since it can be no part of the official duty of a public official to lodge a bogus case and fabricate evidence or documents in connection with the same,” the order said.

The Supreme Court overturned the Madhya Pradesh High Court’s decision to cancel a criminal case against police officer accused of fabricating documents to shield the accused in a murder case, citing lack of prior permission.

“This Court has held in a legion of decisions that any misuse or abuse of powers by a public servant to do something that is impermissible in law like threatening to provide a tutored statement or trying to obtain signatures on a blank sheet of paper; causing the illegal detention of an accused; engaging in a criminal conspiracy to create false or fabricated documents; conducting a search with the sole object of harassing and threatening individuals, amongst others, cannot fall under the protective umbrella of Section 197 CrPC,” the court stated in its order, as reported by Live Law.

Under the Prevention of Corruption Act and CrPC, a sanction from the appropriate government authority is required before prosecuting a public servant for actions performed in the discharge of their official duties.

The Supreme Court observed that it can be no part of the official duty of a public official to lodge a bogus case and fabricate evidence or documents in connection with the same.