Mamta Gurjar v. Pooja Kushwah, 2025

On October 12, 2019, Dhirendra (brother of complainant Pooja Kushwah) and Devendra Sharma were allegedly assaulted by police personnel near Partwada village.

They were reportedly subjected to custodial violence inside Bhargawan Police Station, including slapping, beating, and confinement.

When Pooja Kushwah reached the police station, she was also allegedly assaulted, and her dupatta was pulled off. Another accused allegedly bit her shoulder and mouth.

Dhirendra was taken to the Community Health Centre, Karahal, for medical examination, and Pooja was admitted for ongoing treatment.

The complainant’s mother reported police threats and rude behavior, but prior complaints to authorities did not yield action.

Whether police officers are protected from prosecution under Section 197 CrPC or Section 218 BNSS for alleged abuse, custodial violence, and false arrest?

Whether the actions of the police officers had a “reasonable connection” with official duties?

Whether the petition for government sanction was maintainable?

The High Court dismissed the petition filed by the police officers seeking protection from prosecution.

The Court confirmed that the allegations of custodial assault, wrongful confinement, and intimidation are not protected under Section 197 CrPC or Section 218 BNSS.

It reinforces the principle that public servant immunity is limited and not a blanket protection.

It clarifies that Section 197 CrPC and Section 218 BNSS protection requires a reasonable nexus with official duty.

It strengthens accountability for police misconduct, custodial abuse, and false case registration.

It highlights the judiciary’s role in preventing misuse of statutory immunity to shield misconduct.