Report No. 104

Chapter 7

Ministerial Acts

7.1. Section 1 and Ministerial Acts.-

So far, we have considered that part of section 1 of the Act under discussion which relates to the immunity of judges. The latter part of the section confers protection on an officer of court and "other person" who executes any warrant or order issued by the judge, which that officer or other person would be bound to execute if within the jurisdiction of the person receiving the same. Here also, it appears preferable to adopt the similar language of section 78 of the Indian Penal Code.1 That section is concerned with the protection against criminal liability for ministerial acts done in pursuance of the orders of a judge (as defined in that Code).

1. Appendix 1.