No sanction needed for prosecuting cops: Court

The officers were charged with beating up the complainant, as he did not wear a helmet while driving his two-wheeler.

Dismissing a revision petition against a magisterial court order, a Delhi court has observed that no “prior sanction” is required for prosecuting police personnel for allegedly beating up a person.

The observation has come in a case where two Delhi Police Traffic personnel, Ghuman Singh and Rajesh Kumar, had challenged a magisterial court order which had framed a formal charge against them under Section 323 of the IPC (voluntarily causing hurt with common intention) for beating up and causing grevious hurt to the complainant, Satish Kumar.

The officers had argued before court that they have immunity under Section 197 of CrPC (prior sanction required for prosecution of public servant for offences committed during discharge of official duty).

Rejecting their contention, Special CBI Judge Alok Agarwal said, “If the act itself falls beyond the scope of official duty, there is no need for any such sanction. The act, as alleged in the present case, is beating up and causing hurt to the complainant. This obviously does not fall within the scope of official duty of traffic police officers,” Agarwal said.

The court told the officers to appear before the trial court and directed the magisterial court to issue a fresh notice to them for offence under Section 323.

According to the complaint, on May 11, 2010, the officers stopped the complainant and challaned him for not wearing a helmet while driving his two-wheeler. The complainant was asked to pay Rs 500.

The officers then refused to return the RC of his vehicle. When the complainant protested, he was beaten up.

Kaunain Sheriff M

As City Editor ( Delhi) at the Indian Express, Kaunain Sheriff leads city reporting with a sharp focus on accountability journalism, data-driven stories, and ground-level impact. As the National Health Editor he leads the newsroom’s in-depth coverage of pressing health issues. He is the author of Johnson & Johnson Files: The Indian Secrets of a Global Giant, a definitive investigation into the accountability of one of the world’s most powerful pharmaceutical corporations. Areas of Expertise Investigative Reporting: Has deep expertise in investigative reporting spanning public health, regulatory affairs, drug safety, and the criminal justice system. His work sits at the intersection of governance, law, and accountability, with a particular focus on how regulatory failures, institutional lapses, and policy decisions affect citizens’ rights and safety. Data Journalism: Has extensively on big data–driven investigations, including analyses of flagship government schemes and large datasets on criminal trials, uncovering systemic gaps. Global Collaborations Kaunain is a key contributor to major international journalistic projects: The Implant Files: Collaborated with the International Consortium of Investigative Journalists (ICIJ) to expose global malpractices in the medical device industry. Chinese Big-Data Investigation: Uncovered how a foreign data firm monitored thousands of prominent Indian institutions and individuals in real-time. Awards & Recognition His commitment to "Journalism of Courage" has been recognized with the industry's highest honors: Ramnath Goenka Award for Excellence in Journalism SOPA Award (Society of Publishers in Asia) Red Ink Award (Mumbai Press Club) Indian Express Excellence Awards (Triple recipient for investigations into the NSA abuse in UP, Vyapam scam, and the anti-Sikh riots). Education: Studied Mechanical Engineering at Visvesvaraya Technological University (VTU), Bangalore, before moving to Delhi to pursue his passion for journalism. His engineering training informs his analytical approach, enabling him to decode technical, legal, and data-heavy systems with precision. Social media LinkedIn: linkedin.com/in/kaunain-sheriff-3a00ab99 X ( fromerly Twitter): @kaunain_s ... Read More

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