Civilian Killing Using Service Weapons While in Plain Clothes Not Covered Under Official Duty; No CrPC Section 197 Sanction Required for Prosecution: Supreme Court

The Supreme Court recently refused to absolve Punjab police officials accused of killing a civilian in a fake encounter while in plain clothes. The police officers were charged with shooting the civilian using official firearms but were not in uniform at the time of the incident. The Court rejected their claim that prior sanction under Section 197 Cr.P.C. was necessary for prosecution. Court explains why Section 197 Cr.P.C. protection does…