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Supreme Court of India 2016-07-05 dismissed

Surinderjit Singh Mand & Anr vs State of Punjab & Anr

Bench: 2 — Jagdish Singh Khehar

In Brief

Two senior police officers challenged charges framed against them for alleged unlawful detention of a suspect from 24–28 June 1999. They contended that prosecution required prior sanction under Section 197 of the Criminal Procedure Code, arguing their detention actions fell within official duty. The Supreme Court held that sanction is mandatory for prosecuting public servants, but only for detention conducted according to legal procedures. Detention occurring outside statutory arrest formalities—without compliance with Sections 49, 50, 50A—cannot be characterized as acting in official duty and requires no sanction. The Court dismissed the appeal, rejecting the argument that Section 319 (adding accused during trial) overrides the sanction requirement.

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Criminal Procedure Protection of Public Servants Unlawful Detention Arrest and Detention Police Powers Section 197 Sanction Jurisdiction and Cognizance

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