Previous sanction for police acts during investigation was required because the alleged excess was linked to official duty.

Previous sanction under Section 197 CrPC was necessary where the complaint concerned alleged police excess during investigation, because the acts were said to be reasonably connected with the discharge of official duty. Even acts alleged to be in excess of duty remain protected if they are so integrally linked with official functions that they cannot be separated from the office. Cognizance without such sanction was therefore not sustainable, and the challenge succeeded for the appellant.

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Issues: Whether previous sanction under Section 197 of the Code of Criminal Procedure, 1973 was necessary before taking cognizance of the complaint alleging police excess during investigation.

Analysis: The alleged acts were stated to have occurred while the accused, a police officer, was investigating a criminal case and were connected with detention and assault allegedly used to extract information. Sanction under Section 197 is required where the act complained of is reasonably connected with the discharge of official duty, even if the act is alleged to be in excess of duty. The protection extends to acts so integrally connected with official functions that they cannot be separated from the office.

Conclusion: Previous sanction was required, and cognizance without such sanction was not sustainable; the challenge succeeded in favour of the appellant.

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