Supreme Court Holds Sanction Under Section 197 CrPC Not Required for Subordinate Police Officers; Subsequent Notification Cannot Cure Earlier Cognizance

Case Name: Samarendra Nath Kundu and Another v. Sadhana Das and Another
Citation: 2026 INSC 304
Date of Judgment/Order: 01 April 2026
Bench: Hon’ble Mr. Justice J.B. Pardiwala; Hon’ble Mr. Justice Manoj Misra

Held: The Supreme Court held that sanction under Section 197 CrPC is not required for prosecution of subordinate police officers who are not removable from service by or with the sanction of the Government, and that a subsequent notification extending such protection cannot retrospectively invalidate proceedings where cognizance was validly taken earlier.

Summary: The case arose from a complaint alleging murder by police officials during election duty, where cognizance was taken without sanction under Section 197 CrPC. A co-accused senior officer had earlier secured quashing of proceedings due to lack of sanction, and the appellants sought similar protection. The Court examined whether such benefit could extend to subordinate police officers and whether subsequent notification dated 19.11.2010 extending sanction protection to certain categories could apply retrospectively. The Court held that protection under Section 197(1) applies only to public servants not removable without Government sanction, which did not include the appellants. It further analysed Section 197(2) and (3) and held that although the State may extend protection through notification, such protection operates only at the stage of cognizance. Since cognizance had been taken in 2001, prior to the notification, the later extension could not invalidate the proceedings. The Court also clarified that the earlier judgment in Sankaran Moitra applied only to the specific accused who satisfied the statutory requirement and could not be extended mechanically to co-accused.

Decision: The Supreme Court dismissed the appeal, upheld the High Court’s direction to proceed with prosecution, held that sanction under Section 197 CrPC was not required in the present case, and clarified that observations made shall not affect the merits of the trial, while disposing of all pending applications.