Amended CrPC provision will hinder police functioning: HC told

New Delhi, Sep 21 (PTI) The change in law providing forprosecution of public servants without sanction in cases ofalleged offences against women, would allow wrongdoers to makefalse allegations against cops, hindering their ability to dotheir job, police today told Delhi High Court. The law and order agency has contended that the change inthe criminal procedure law "is an impediment to free and fairinvestigation 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 ChiefJustice G Rohini and Justice Sangita Dhingra Sehgal, which washearing a PIL by a serving official challenging the amendedprovision in Code of Criminal Procedure (CrPC). "The amendment exposes any investigating agency and itsofficers to prosecution in all cases of the naturecontemplated therein, is grossly arbitrary, unfair andunreasonable. "No police officer or any other public servant (in hisinvestigative capacity) would be able to perform his duty inthe field, if the explanation to section 197 CrPC is allowedto stand," the police said in an affidavit placed before thebench, which will hear the matter on November 24. Section 197 of CrPC provides that prosecution of a publicservant requires sanction from the appropriate authority, butthe explanation added to the provision by the amendment of2013 says that this protection would not be available to apublic servant in cases of any alleged offences against women. The affidavit states that "removal of requirement ofsanction does not only fetter police powers and expose publicservants to unwarranted and/or malicious prosecution, but alsoremoves an important defence available to police officers inthe event they are accused of an offence in the performance oftheir lawful duties". Inspector Anil Sharma, in his plea, has sought quashingof the amendment, saying "it defeats the purpose and object ofSection 197 CrPC and is in complete violation and against thescheme an spirit of CrPC 1973 and the Constitution". PTI HMPABA PPSARC