Rajasthan HC allows prosecution of constable accused of assault inside SDM court
The Rajasthan High Court ruled that a police constable accused of assaulting a man inside an SDM court can be prosecuted without prior government sanction. The court determined that the act of custodial violence and illegal detention did not constitute an official duty.
Why it matters
This ruling sets a legal precedent regarding the limits of official immunity for police officers accused of human rights violations.
NEW DELHI: The Rajasthan high court has refused to quash criminal proceedings against a police constable accused of locking a man inside an SDM court premises and severely beating him with a stick, holding that the alleged assault was not part of his official duty. The court also held that prior prosecution sanction was not required to proceed against the constable. The order was passed on August 25, 2026.Why did the constable seek quashing of the case?According to the court order, an FIR was registered against the constable on October 5, 2018, under Sections 342, 323, 325, 504 and 166 of the IPC over allegations of illegal detention and assault.The complainant, a social worker, alleged that he was forcibly taken to the police station and tortured. A public protest followed the alleged illegal detention and custodial violence.
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