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Report No. 104

5.4. Possible re-draft of part of section 1.-

If the definitions of the expressions "Judge" and "Court of Justice" (as given in the Penal Code) are incorporated in the Act under discussion1, it would be possible to improve the drafting of this part of section 1 of the Act, by adopting the language of section 77 of the Penal Code. Section 77 is the substantive provision conferring on judges, protection in regard to criminal liability.2

On this basis, this part of section 1 of the Act under consideration can be revised as under:-

"No Judge shall be liable to be sued in any Civil Court for anything which is done by him, when acting judicially in the exercise of any power which is given to him by law, or which in good faith he believes to be given to him by law."

1. Cf. para. 8.5, infra.

2. See Appendix 1.

The Judicial Officers Protection Act, 1850 Back

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