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Report No. 104

Chapter 2


2.1. Position of Provincial Magistrates under British statute.-

Prior to 1850, in India, there was no comprehensive legislation relating to judicial immunity. A British statute, dealing with a very limited area of the subject, provided as follows1:-

"And, whereas it is reasonable to render Provincial Magistrates, as well as natives as British subjects, more safe in execution of their office; be it enacted, that no action for wrong or injury shall lie in the Supreme Court, against any person whatsoever exercising a judicial office in the Country Courts, for any judgment, decree or order of the said Court, nor against any person for any act done or in virtue of the Order of the said Court."

4. Section 24, Statute 21, Geo 3, Ch 70.

The Judicial Officers Protection Act, 1850 Back

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