Amended CrPC provision will hinder police functioning: HC told

The change in law providing for prosecution of public servants without sanction in cases of alleged offences against women, would allow wrongdoers to make false allegations against cops, hindering their ability to do their job, police today told Delhi High Court.
The law and order agency has contended that the change in the criminal procedure law "is an impediment to free and fair investigation and for discharging official duties" and was "open to gross misuse in the absence of any safeguards".
Delhi Police made the submission before a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal, which was hearing a PIL by a serving official challenging the amended provision in Code of Criminal Procedure (CrPC).

"The amendment exposes any investigating agency and its officers to prosecution in all cases of the nature contemplated therein, is grossly arbitrary, unfair and unreasonable.
"No police officer or any other public servant (in his investigative capacity) would be able to perform his duty in the field, if the explanation to section 197 CrPC is allowed to stand," the police said in an affidavit placed before the bench, which will hear the matter on November 24.
Section 197 of CrPC provides that prosecution of a public servant requires sanction from the appropriate authority, but the explanation added to the provision by the amendment of 2013 says that this protection would not be available to a public servant in cases of any alleged offences against women.

The affidavit states that "removal of requirement of sanction does not only fetter police powers and expose public servants to unwarranted and/or malicious prosecution, but also removes an important defence available to police officers in the event they are accused of an offence in the performance of their lawful duties".
Inspector Anil Sharma, in his plea, has sought quashing of the amendment, saying "it defeats the purpose and object of Section 197 CrPC and is in complete violation and against the scheme an spirit of CrPC 1973 and the Constitution".