S.197 CrPC | Insulting SC Community Member, Fabricating Records Not 'Official Duty' Of Public Servant; Sanction Not Required: Kerala HC

The Kerala High Court refused to entertain a revision petition filed by a public servant seeking to quash a Special Court order framing charges against him under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, for want of prosecution.The Court upheld the order on the grounds that Section 197 CrPC sanction is not required since the allegations were not in connection with the discharge of the official duties of the public servant and that there was a prima facie case.The petitioner in the case sought to be discharged from the offences alleged under Sections 294(b), 465, 466, 474 r/w 34 of IPC and Section 3(1)(x) of the SC/ST PO Act, and argued that the order of framing charges ought to be dismissed since the sanction under S. 197 CrPC necessary for prosecution of public servants was not received. The complaint against the petitioner was that he, along with the deceased first accused, abused the de facto complainant while she was in official duty by calling her caste name with an intention to humiliate her in public and that they also forged documents to hold that she misappropriated some amount under 9 CB Bills, which resulted in her suspension.The judgment was passed by Justice A. Badharudeen relying on the position of law laid down by the Apex Court in Indira Devi v. State of Rajasthan and Another, wherein it was held that the alleged acts of the officers engaged in cheating, fabrication of records, or misappropriation are not acts in discharge of their official duties. Dismissing the revision petition, the Single Judge observed as below:“…the allegations of insulting and intimidating a member of the Scheduled Caste community and fabricating records to show conduct of a meeting are not matters would come within the official duties of a public servant and therefore in order to prosecute the offender though he is a public servant, no sanction under Section 197 of Cr.P.C is necessary.Holding so, no interference in the order impugned is necessary and thus the revision fails. Accordingly, the same stands dismissed.”The Court also clarified that to reach a finding as to whether an offence was committed by a public servant while acting or purporting to act in the discharge of official duty, a prima facie view has to be formed to see if the act or omission had a reasonable connection with the discharge of duties.The Single Judge also looked into the decision of the Apex Court in Sandeep G. v. State of Kerala to highlight the parameters regarding framing of charges and discharge under the CrPC.Case No: Crl.Rev.Pet. No. 15 of 2018Case Title: V.T. Jinu & another v. State of Kerala & othersCitation: 2025 LiveLaw (Ker) 271Counsel for the petitioners/accused: Smt. K.G. Mary & Sri. Arun P. AntonyCounsel for the respondents: Jibu T. S. (Public Prosecutor)Click Here To Read/ Download Order

S.197 CrPC | Insulting SC Community Member, Fabricating Records Not 'Official Duty' Of Public Servant; Sanction Not Required: Kerala HC

Salma Jennath

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