Sanction for Prosecution -- Custodial Assault for Confession -- Not an act done in discharge of official duty
Criminal Procedure Code, 1973, S.197 -- Sanction for Prosecution -- Custodial Assault for Confession -- Assaulting a suspect to extract a confessional statement is never an act done in discharge of official duty of a police officer. Investigation of an offence does not permit use of third-degree treatment against any person, and such conduct falls outside the protection of Section 197 CrPC, so prosecution of the officer is not barred.
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