CrPC Section 132
Section 132 of the Criminal Procedure Code (CrPC), 1973 – Protection to Persons Acting in Good Faith Under Certain Proclamations
Overview:
Section 132 of the CrPC provides legal protection to all persons acting in good faith under any proclamation or order issued under the CrPC or any law for the maintenance of public order or the suppression of a disturbance. This section safeguards officials and private individuals from legal liability when executing such orders honestly and without malice.
Text of Section 132 (Simplified):
No suit, prosecution, or other legal proceeding shall lie against any person for anything done in good faith:
In pursuance of any proclamation, order, or warrant issued under the CrPC,
Or in the execution of any process or order issued by a court or magistrate,
Provided the person acted without malice or negligence.
Detailed Explanation:
Purpose of Section 132:
To encourage enforcement of law and order by protecting persons from legal harassment.
To allow officials and others to perform their duties fearlessly under legal orders.
Who is Protected?
Police officers,
Government officials,
Any other persons acting under legal orders,
Private citizens aiding in the execution of such orders.
Conditions for Protection:
The act must be done in good faith, i.e., honestly and without any malicious intent.
The act must be in pursuance of a valid proclamation, order, warrant, or process issued under the CrPC or by a competent authority.
Scope of Protection:
Covers all actions taken within the scope of the order, including arrests, seizures, dispersal of unlawful assemblies, and other enforcement activities.
Protection extends to any suit or prosecution, civil or criminal, arising from such actions.
Exceptions:
Protection is not available if the act was done with malice, negligence, or beyond the authority granted by the order.
Significance:
Encourages strict and efficient enforcement of orders related to public safety and security.
Prevents frivolous lawsuits aimed at deterring officials or others from carrying out their lawful duties.
Practical Implications:
Police officers enforcing a curfew order will be protected under Section 132, provided they act without malice.
Officials implementing preventive detention orders are shielded from personal liability.
Citizens assisting in lawful enforcement actions are also protected.
Summary:
Section 132 of the CrPC provides immunity from legal proceedings to persons acting in good faith under any proclamation, order, or warrant issued under the CrPC or by a competent authority, ensuring that enforcement of law and order is carried out without fear of personal liability.
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