Mention the protections provided in the Code against prosecution for acts done under this chapter (Chapter X).

Question: Mention the protections provided in the Code against prosecution for acts done under this chapter (Chapter X).

Find the answer to the mains question only on Legal Bites. [Mention the protections provided in the Code against prosecution for acts done under this chapter (Chapter X).]

Answer

Section 132 gives protection to persons against prosecution for any act purporting to be done under Section 129-131 except with the sanction of the State the Central Government.

The object of this Section is to protect a person acting in good faith under Sections 129, 130 or 131 of the Code against vexatious criminal prosecution. The prosecution for any act done in good faith while exercising powers under Section 129, 130, or 131 of the Code is possible only with the prior sanction of the competent authority.

This section states that-

(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-

(a) with the sanction of the Central Government where such person is an officer or member of the armed forces

(b) with the sanction of the State Government in any other case.

(2) (a) no Executive Magistrate or police officer acting under any of the said sections in good faith

(b) no person doing any act in good faith in compliance with a requisition under section 129 or section 130

(c) no officer of the armed forces acting under section 131 in good faith

(d) no member of the armed forces doing any act in obedience to 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-

(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

(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 noncommissioned officer, and a non-gazetted officer

(c) “member”, in relation to the armed forces, means a person in the armed forces other than an officer.

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