A bench headed by Chief Justice P Sathasivam said the apex court had approved sting operation carried out in public interest in R K Anand case but it will be difficult to understand the ratio in the said case as an approval of such a method as an acceptable principle of law enforcement in all cases.
"Being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions. The victim, who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentiality of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for the enticement.
It said unlike the US and certain other countries where a sting operation is recognised as a legal method of law enforcement, though in a limited manner, the same is not the position in India.
The bench said question are raised on what would be the position of such operations if conducted by a private individual who had stained his own hands while entrapping what he considers to be the main crime and the main offender.