Custodial Torture Not Protected by Official Duty: Kerala High Court

The Kerala High Court ruled that custodial torture can never be considered part of a police officer’s official duties and does not require prior government sanction under Section 197 CrPC for prosecution.

Justice Kauser Edappagath gave the ruling while hearing a plea by Sudha, a Dalit woman who alleged torture while in custody.

The Court overturned a sessions court order that had discharged the officers for lack of sanction and reinstated the case.

The Court stressed that allowing police to escape liability encourages abuse of power and undermines public trust in the justice system. The matter has been remanded for trial. (Sudha V. State of Kerala & Ors)