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 same.2
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), s. 3.
It has been declared in force in the Sonthal Parganas by the SonthalParganas Settlement Regulation, 1872 (3 of 1872), s. 3; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and Sch.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.; and in PanthPiploda by the PanthPiploda Laws Regulation, 1929 (1 of 1929), s. 2.
It has also been declared by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of1874) to be in force in the following Scheduled Districts, namely:-
Th e Ta lu q s of Bh a d ra c h a lam, R a k a p i lli a n d t h e Ramp a Cou n t r y....... See Gazet te of India, 1879, Pt . I, p. 630.
Th e Sc h ed u l ed Di st ri c t s i n Ga n j am a n d Vi za ga p a t am....... Di t t o and Fort St . George Gazet te, 1898, Pt . I, P. 870. 1898, Pt . I, p. 666.
The Districts of Hazaribagh, Lohardaga (now the Ranchi District , see Calcut ta Gazet te, 1899, Pt . I, p. 44), and Manbhum, and ParganaDhalbhum and theKolhan in the Dist rict of Singhbhum. See Gazet te of India, 1881, Pt . I, 504.
West Jalpaiguri and the Western Hi l ls of Darj i ling, the Darj i ling Tarai and the Damsom Sub-Division of the Darj i ling District s. . . . Di t to 1881, Pt . I, p. 74.
Kuma on a n d Ga rh wa l...... Di t to 1876, Pt . I, p. 605.
The Scheduled port ion of the Mirzapur District Di t to 1879, Pt . I, 383.
JaunsarBawar Di t to 1879, Pt . I, 382.
The District of Lahaul Di t to 1886, Pt . I, 301.
The Scheduled Dist ricts of the Central Provinces Di t to 1879, Pt . I, 360.
Coorg. Di t to 1879, Pt . I, 747.
The Districts of Kamrup, Nowgong, Dar rang, Sibsagar , Lakhimpur, Goalpara (excluding the Eastern Duars) and Cachar (excluding the North Cachar Hi l ls) Di t to 1878, Pt . I, 633.
The Garo Hi l ls, the Khasi and Jaint ia Hi l ls, the Naga Hi l ls, the North Cachar Hi l ls in the Cachar District and the Eastern Duars in the Goalpara district . Di t to, 1897, Pt . I, 299.
The Porahat Estate in the Singhbhum District Di t to 1879, Pt . I, 1059.
It has been extended, by not i ficat ion under s.5 of the last -ment ioned Act , to the following Scheduled Dist rict , namely:-
The Tarai of the Province of Agra See Gazet te of India, 1876, Pt . I, 505.
Ajmer and Merwara Di t to. 1879, Pt . I, 380.
It has been extended to the new Provinces and Merged States, see Act 59 of 1949.
2. As to procedure for instituting criminal prosecution against judges and public servants, see the Code of Criminal Procedure, 1973 (Act 2 of 1974), s. 197.