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Report No. 104

The Judicial Officers' Protection Act, 1850

Chapter 1 Introductory
1.1 Need for revision of the Act
2. Principle of the Act
3. The principle and the details
4. Working paper
Chapter 2 History
2.1. Position of Provincial Magistrates under British statute
2. View of Privy Council as to object of British statute
3. Privy Council construction of Statute referred to above
4. Position prior to 1850
Chapter 3 The Present Law
3.1. Scope of the Act of 1850
2. Scheme of the Act and three major heads of study
3. Section 1
4. Importance of three aspects of section 1
Chapter 4 Short Title and Extent
4.1. Short title to be amended
2. Territorial extent
3. Need for change
4. Proposal to extend the Act to whole of India
Chapter 5 Persons Entitled to Protection as Judges
5.1. Persons entitled to protection
2. Definitions of "judge" and "court" of Justice in the Indian Penal Code
3. Section 20, Indian Penal Code
4. Possible re-draft of part of section 1
5. Authorities other than- judges
6. Range of authorities
7. Effect of proposed re-draft
Chapter 6 Proceedings for which Protection is Available
6.1. Section 1, earlier half, and proviso
2. Protection as to acts within and without jurisdiction
3. Effect of proposed adoption of section 77
4. Meaning of "judicial"
5. Meaning of jurisdiction
Chapter 7 Ministerial Acts
7.1. Section 1 and Ministerial Acts
2. Possible re-draft of section 1, latter part
Chapter 8 "Good Faith", and other Expressions
8.1. Section 1-Good faith
2. Suggestion to adopt definition of "good faith" in penal Code
3. Definition of "act"
4. Uniformity
5. Proposal for adopting definitions given in Indian Penal Code
Chapter 9 Comments Received on the working Paper
9.1,2. Comments received on the Working Paper
Chapter 10 Main Recommendations
10.1 Main Recommendations
2. Act to be revised
Appendix 1 Sections 76-78, Indian Penal Code
Appendix 2 English Law as to the Protection of Judges

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