Protection against prosecution for acts done under preceding sections
AI Assist
Summary
Prosecution for acts done under the preceding powers cannot be started without prior government sanction: the Central Government must sanction prosecutions against officers or members of the armed forces, and the State Government must sanction prosecutions in other cases. Executive magistrates, police officers, armed forces officers and members who act in good faith or obey orders are not treated as having committed an offence.
Example
Priya, a police officer, uses force to disperse a violent crowd after a requisition to restore order. Later someone tries to prosecute her; because she acted in good faith under the powers to maintain public order, she is not deemed to have committed an offence and any prosecution would need the State Government's sanction.
Bare Act
Enacted text(1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any Criminal Court except.
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(a) with the sanction of the Central Government where such person is an officer or member of the armed forces;
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(b) with the sanction of the State Government in any other case.
(2) -
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(a) No Executive Magistrate or police officer acting under any of the said sections in good faith;
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(b) no person doing any act in good faith in compliance with a requisition under section 129 or section 130;
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(c) no officer of the armed forces acting under section 131 in good faith;
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(d) no member of the armed forces doing any act in obedience of any order which he was bound to obey, shall be deemed to have thereby, committed an offence.
(3) In this section and in the preceding sections of this Chapter,
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(a) the expression “armed forces” means the military, naval and air forces, operating as land forces and includes any other Armed Forces of the Union so operating;
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(b) “officer” in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer;
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(c) “member” in relation to the armed forces, means a person in the armed forces other than an officer.
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