IPC Section 48
⚖️ Section 48 IPC — “Judicial Proceeding”
📘 What does Section 48 say?
Section 48 defines what is meant by a “Judicial Proceeding” under the IPC.
It states:
A judicial proceeding means any proceeding before a court, or before any person legally authorized to take evidence or examine witnesses, whether the proceeding is civil, criminal, or administrative.
🧐 Detailed Explanation:
Meaning of Judicial Proceeding:
A judicial proceeding refers to any official process or hearing conducted before a court or any authorized legal officer.
This includes civil cases, criminal cases, or even administrative hearings where evidence is taken and witnesses are examined.
Who conducts Judicial Proceedings?
Courts of law at different levels (like district courts, High Courts, Supreme Court).
Magistrates, tribunals, arbitrators, or other persons empowered by law to conduct judicial inquiries or examinations.
Why is this definition important?
Many IPC sections refer to acts done during or related to judicial proceedings, like giving false evidence, obstruction of justice, contempt of court, etc.
Section 48 helps to clarify the scope of what kind of proceedings are covered by such laws.
Types of Proceedings Included:
Civil proceedings: disputes between private parties (e.g., property disputes, contracts).
Criminal proceedings: cases involving offenses against the state or individuals.
Administrative proceedings: hearings conducted by government authorities with power to take evidence and make decisions.
📌 Examples:
A trial in a Sessions Court or Magistrate’s Court.
A hearing before an administrative tribunal where witnesses are examined.
Proceedings before an arbitration panel empowered to take evidence.
✅ Summary:
Section 48 IPC defines “judicial proceeding” broadly to include any official legal or quasi-legal hearing where evidence is recorded.
It covers civil, criminal, and administrative proceedings.
This definition ensures that related legal provisions that protect the integrity of judicial processes apply uniformly.
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