CrPC Section 132: Protection Against Prosecution for Acts Done Under Previous Sections

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CrPC Section 132: Protection Against Prosecution for Acts Done Under Previous Sections

1. The Code:

Section 132 of the Code of Criminal Procedure, 1973 (CrPC) deals with protection against prosecution for acts done under previous sections.

2. Explanation:

This section provides immunity from prosecution for certain actions taken by individuals who are authorized to act under the provisions of specific sections of the CrPC. Essentially, if an individual acts in good faith and within the scope of their authority as defined in the CrPC, they cannot be prosecuted for their actions, even if they might otherwise be considered illegal.

3. Illustration:

Imagine a police officer conducting a search under Section 165 of the CrPC. They discover evidence related to a crime. If they seize this evidence in good faith, believing it to be relevant to the investigation, they are protected by Section 132. They cannot be prosecuted for the seizure, even if it is later determined that the evidence was not admissible in court.

4. Common Questions and Answers:

  • Q: Who is protected under this section?
  • A: Individuals acting in good faith and within the scope of their authority as defined by specific sections of the CrPC.
  • Q: What are the conditions for protection?
  • A: The actions must be performed in good faith and within the scope of the relevant CrPC section.
  • Q: Can I be prosecuted if I act beyond my authority?
  • A: Yes, if your actions exceed the scope of your authority as defined by the relevant CrPC section, you may be prosecuted.
  • Q: Does this section protect me from all legal consequences?
  • A: No, this section only protects you from criminal prosecution. Other legal consequences, such as civil liability, may still apply.
Also Read  Section 144 CrPC: Urgent Orders for Nuisance or Apprehended Danger
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