"Imposition of Compensation on Police Officers Under Section 250 Cr.P.C. 'Irregular and Liable to be Set Aside,' Rules Kerala High Court"

In a landmark judgement, the Kerala High Court has ruled that imposing compensation on a Sub Inspector of Police under Section 250 of the Criminal Procedure Code (Cr.P.C.) after the acquittal of the accused is "irregular and liable to be set aside."

The Honourable Mr. Justice Bechu Kurian Thomas delivered the decision on 16th August 2023, setting aside the imposition of compensation on Sub Inspector S.Sukumaran Chettiyar. The case had been registered under Section 51(A) of the Kerala Police Act, 1960, accusing an Advocate of disorderly behavior and uttering obscene words in public.

The case gained attention due to the personal rivalry between the Sub Inspector and the accused Advocate. The Magistrate had initially found that the medical certificate did not mention any smell of alcohol, raising questions about the validity of the case. A false certificate was later produced, further complicating matters.

Justice Bechu Kurian Thomas observed, "The provision does not contemplate an action against a police officer on whose report the cognizance was taken as distinguished from a case instituted upon a complaint or upon information given to a police officer." The court emphasized that compensation under Section 250 Cr.P.C. is a "special provision enacted to meet the specific contingencies mentioned therein."

The judgement also referred to previous cases, including Balakrishnan Nambiar v. State of Kerala, Krishnan Moopan M.B. v. The State of Kerala and Another, and Pankajakshan P.R. v. K.Muraleedharan and Another, to support its decision.

This ruling is expected to have significant implications for the police force and the legal community, as it clarifies the limitations of Section 250 Cr.P.C. in imposing compensation on police officers.

Date of Decision 16th August 2023

S.SUKUMARAN vs STATE OF KERALA