1Judicial Officers Protection Act, 1850
| [Act 18 of 1850] | [4th April, 1850] |
An Act for the protection of Judicial Officers
For the greater protection of Magistrates and others acting judicially; It is enacted as follows:-
1 Short title given by the Indian Short Titles Act, 1897 (14 of 1897).
The Act has been declared to be in force in all the Provinces of India, except the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), Section 3.
It has been declared in force in the Santhal Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), Section 3; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936) Section 3 and Schedule; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), Section 3 and Schedule; and in Panth Piploda, by the Panth Piploda Laws Regulation, 1929 (1 of 1929), Section 2.
It has also been declared by notification under Section 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:-
The Taluqs of Bhadrachalam, Rakapilli and the Rampa Country. . . .
See Gazette of India,
1879, Pt. I, p. 630
The Scheduled Districts in Ganjam and Vizagapatam. . . .
Ditto
and Fort St. George Gazette,
1898, Pt. I, p. 870.
1898, Pt. I, p. 666.
The Districts of Hazaribagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899, Pt. I, p. 44), and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum. . . .
See Gazette of India,
1881, Pt. I, p. 504.
West Jalpaiguri and the Western Hills of Darjiling, the Darjiling Tarai and the Damson Sub-Division of the Darjiling District. . . .
Ditto
1881, Pt. I, p. 74.
Kumaon and Garhwal. . . .
Ditto
1876, Pt. I, p. 605
The Scheduled portion of the Mirzapur District. . . .
Ditto
1879, Pt. I, p. 383
Jaunsar Bawar. . . .
Ditto
1879, Pt. I, p. 382.
The District of Lahaul. . . .
Ditto
1886, Pt. I, p. 301.
The Scheduled Districts of the Central Provinces. . . .
Ditto
1879, Pt. I, p. 630.
Coorg. . . .
Ditto
1879, Pt. I, p. 747.
The Districts of Kamrup, Nowgong, Darrang, Sibsagar, Lakhimpur, Goalpara (excluding the Eastern Duars) and Cachar (excluding the North Cachar Hills). . . .
Ditto
1878, Pt. I, p. 633.
The Garo Hills, the Khasi and Jaintia Hills, the Naga Hills, the North Cachar Hills in the Cachar District and Eastern Duars in the Goalpara District. . . .
Ditto
1897, Pt. I, p. 299.
The Porahat Estate in the Singhbhum District. . . .
Ditto
1897, Pt. I, p. 1059.
It has been extended, by notification under Section 5 of the last-mentioned Act, to the following Scheduled Districts, namely:-
The Tarai of the Province of
Agra. . . . . . . See Gazette of India, 1876, Pt. I, p. 505.
Ajmer and Merwara. . . . . . . Ditto1879, Pt. I. p. 380.
It has also been extended to the New Provinces and Merged States see Act 59 of 1949.
1. Non-liability to suit of officers acting judicially, for official acts done in good faith, and of officers executing warrants and orders.-No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction:
Provided that he at the time, in good faith, believed himself to have jurisdiction to do or order the act complained of; and no officer of any Court or other person, bound to execute the lawful warrants or orders of any such Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court, for the execution of any warrant or order, which he would be bound to execute, if within the jurisdiction of the person issuing the same1.
1 As to procedure for institution criminal prosecutions against Judges and public servants, see the Code of Criminal Procedure, 1898 (Act 5 of 1898), Section 197.