The Supreme Court of India criticized a Deputy Superintendent of Police (DSP) from Haryana for filing a charge under the wrong section of the Indian Penal Code (IPC) against an accused individual who refused to sign a confession statement. The court expressed its astonishment and termed the DSP's reply affidavit as audacious.

A two-judge bench comprising Justices S Ravindra Bhat and Dipankar Datta condemned the irresponsible conduct of the police officer and urged him to exercise greater caution and responsibility in the future. The court pointed out that the DSP should have been aware that, as per Section 162 of the Code of Criminal Procedure (CrPC), a person's statement made to a police officer during the course of an investigation is not required to be signed by the person making the statement.

The specific charge filed against the accused was under Section 180 of the IPC, which pertains to refusing to sign a statement when legally required to do so by a public servant. However, the Supreme Court held that this section was not applicable to the case at hand. Nonetheless, the court refrained from taking any further action against the police official.

The judgment further directed a copy to be forwarded to the Director General of Police (DGP) of the state, ensuring that such incidents do not recur. The court emphasized the importance of police officers at all levels being aware of legal provisions and the potential consequences of ignorance on pending criminal proceedings.

The case before the Supreme Court involved a challenge to an order from the Punjab & Haryana High Court, which had refused to quash proceedings against the appellant in a cheating case. While the Supreme Court upheld the High Court's order, it granted the appellant the liberty to pursue remedies against the charges under Section 180 of the IPC if they were framed or taken cognizance of later.

The Supreme Court's judgment serves as a reminder of the need for police officers to be well-versed in legal provisions and to exercise their duties responsibly. It emphasizes the importance of adhering to the law during criminal investigations and ensures that justice is upheld.

Case Title: Supriya Jain vs Haryana| Case No. SLP (CRL) No. 3662/2023

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