The Code of Criminal Procedure, 1973  - Section 197 , Section 482

Public Servant - Sanction - Police Personal - Whether sanction is necessary or not has to be decided from stage to stage? - Held - The nature of the complaint may have to be kept in mind - In a case where on facts it may appear to the court that a person was killed by the police in a stage-managed encounter, the position may be completely different. It is not the duty of the police officers to kill the accused merely because he is a dreaded criminal. Undoubtedly, the police have to arrest the accused and put them up for trial - This court has repeatedly admonished trigger happy police personnel, who liquidate criminals and project the incident as an encounter. Such killings must be deprecated. They are not recognized as legal by our criminal justice administration system - Unless unimpeachable evidence is on record to establish that their action is indefensible, mala fide and vindictive, they cannot be subjected to prosecution. Sanction must be a precondition to their prosecution - It affords necessary protection to such police personnel. Plea regarding sanction can be raised at the inception.

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