Source: Karnataka High Court

Why in News?

The bench of Justice Sachin Shankar Magadum observed that the Doctrine of State Humanity does not cover acts that are done by the public servant for her/his own benefit or pleasure.

• The Karnataka High Court gave this observation in the matter of D Roopa v. Rohini Sindhuri.

Background

• The respondent (previous complainant) IAS officer filed a private complaint for defamation under Section 500 of the Indian Penal Code, 1870 (IPC) against the appellant.
• The petitioner was alleged to be guilty of sharing photos of the complainant on Facebook and the petitioner has intentionally posted comments and allegations on a private Facebook account.
  • She has also given a statement to the media virtually questioning the character and conduct of the complainant not only in her professional life, but the allegations even covered incidents and actions relating to her private life.
• The petitioner claimed the protection under Section 197 of the Code of Criminal Procedure, 1973 (CrPC).
• However, Karnataka HC clearly denied such protection.

Court’s Observation

• The bench of Karnataka HC observed that the scope of operation of Section 197 of CrPC is restricted to only those acts or omissions which are done by a public servant in discharge of official duty.

Doctrine of State Humanity

• It covers all the acts performed by a public servant in the exercise of the function of the Government.
  • The doctrine can be traced under Section 197 of CrPC.
• The doctrine finds its origins in the principles of natural justice, human rights, and the inherent dignity of every individual.
• The doctrine also finds a slight expression in international human rights treaties and conventions to which India is a signatory, such as the Universal Declaration of Human Rights (UDHR).
• It plays a crucial role in maintaining the integrity of the administration and the effective functioning of government offices.
  • However, it has been criticized several times as a ‘draconian’ law.
    • The term ‘draconian law’ refers to a set of rules or regulations that are excessively harsh, severe, or strict in their enforcement.

Section 197 of CrPC

• Introduction:
  • Section 197 of the CrPC is a significant legal provision in India that deals with the protection of public servants from frivolous or vexatious criminal proceedings.
  • It is an essential safeguard to ensure that public servants can perform their duties without fear of harassment through the criminal justice system.
• Applicability:
  • According to Section 197, no court can take cognizance of an offence alleged to have been committed by a public servant while acting in the discharge of his official duty, except with the previous sanction of the government or the authority competent to remove him from his office.
  • The protection under Section 197 extends to acts done or purporting to be done in the official discharge of a public servant's duty.
  • It includes both lawful and unlawful acts done in the course of official duty, provided that they are reasonably connected with their official functions.
• Nature of the Offence:
  • Section 197 applies to both cognizable and non-cognizable offences.