Report No. 104

8.2. Suggestion to adopt definition of "good faith" in penal Code.-

The difficulty pointed out in the Calcutta case mentioned above1 would disappear if the definition of "good faith" as given in the Penal Code2 is adopted for the purpose of the interpretation of the Act under consideration also. Section 52 of the Penal Code reads as under:-

"52. Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention."

It is desirable that for the purposes of the Act under consideration also, reckless belief should confer no immunity. It may be mentioned that a judge acting without jurisdiction recklessly enjoys no immunity from criminal liability.1

1. Para. 8.1, supra.

2. Section 52, I.P.C.

1. Section 77, I.P.C. (See Appendix 1).