The Supreme Court has dismissed an appeal filed by two police personnel accused in a custodial death case, holding that they are not entitled to protection from prosecution under Section 197 of the Code of Criminal Procedure (CrPC) due to the absence of prior sanction at the time cognizance was taken.
The bench of Justice J.B. Pardiwala and Justice Manoj Misra ruled that the benefit of prior sanction—required in certain cases before prosecuting public servants—was not available to the appellants, who were subordinate police officers at the relevant time.
The case originated from a complaint filed by the wife of a deceased व्यक्ति who allegedly died due to police brutality during election-related violence in West Bengal. The complaint accused three police officials, including a senior officer and the present appellants, of involvement in the death.
The trial court had taken cognizance and summoned the accused under serious charges including murder and criminal conspiracy. While proceedings against the senior officer were earlier quashed by the Supreme Court in 2006 due to lack of sanction under Section 197 CrPC, the Magistrate later extended the same benefit to the present appellants.
However, the Calcutta High Court reversed that decision, directing that proceedings against the appellants should continue—leading to the present appeal before the Supreme Court.
The Supreme Court examined two central questions: Whether subordinate police officers (co-accused) could claim the same protection granted earlier to a senior officer. Whether a 2010 West Bengal government notification extending sanction protection to subordinate police personnel could apply retrospectively.
The Court held that the earlier relief granted to the senior officer could not be extended to the appellants. The protection under Section 197(1) CrPC applies only to public servants who cannot be removed from office without government sanction. Since the appellants were subordinate officers removable without such sanction, they did not qualify for this protection.
The Court also rejected the argument that a 2010 state notification—extending sanction protection to subordinate police personnel—would shield the appellants. It emphasized that the bar under Section 197 applies at the stage of taking cognizance. Since cognizance in this case was taken in 2001, long before the notification, the subsequent extension of protection had no bearing. A post-cognizance sanction or legal change cannot invalidate proceedings that were validly initiated.
The Supreme Court concluded that the appellants were not entitled to protection under Section 197 CrPC. The High Court was correct in allowing the prosecution to proceed. The appeal lacked merit and was dismissed.
However, the Court clarified that it had not expressed any opinion on the merits of the allegations, leaving the trial court to adjudicate the case independently.
Case Details
Case Title: Samarendra Nath Kundu & Anr. Versus Sadhana Das & Anr.
Citation: JURISHOUR-584-SC-2026
Case No.: Criminal Appeal No. 654 Of 2013
Date: 01/04/2026
