Code:
(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.
Explanation:
This section provides immunity from prosecution for certain actions taken by individuals who are authorized to act under the provisions of specific sections of the CrPC. Essentially, if an individual acts in good faith and within the scope of their authority as defined in the CrPC, they cannot be prosecuted for their actions, even if they might otherwise be considered illegal.
Illustration:
Imagine a police officer conducting a search under Section 165 of the CrPC. They discover evidence related to a crime. If they seize this evidence in good faith, believing it to be relevant to the investigation, they are protected by Section 132. They cannot be prosecuted for the seizure, even if it is later determined that the evidence was not admissible in court.
Common Questions and Answers:
Q: Who is protected under this section?
A: Individuals acting in good faith and within the scope of their authority as defined by specific sections of the CrPC.
Q: What are the conditions for protection?
A: The actions must be performed in good faith and within the scope of the relevant CrPC section.
Q: Can I be prosecuted if I act beyond my authority?
A: Yes, if your actions exceed the scope of your authority as defined by the relevant CrPC section, you may be prosecuted.
Q: Does this section protect me from all legal consequences?
A: No, this section only protects you from criminal prosecution. Other legal consequences, such as civil liability, may still apply.
