Description
Sanction for Prosecution:
No prosecution shall be initiated in any Criminal Court against any person for any act purportedly done under Section 129, Section 130, or Section 131, except:
- With the sanction of the Central Government, if the person is an officer or member of the armed forces.
- With the sanction of the State Government, in any other case.
Immunity from Offences:
The following persons shall not be deemed to have committed an offence for acts performed in good faith under the specified sections:
- Any Executive Magistrate or police officer acting in good faith under Sections 129, 130, or 131.
- Any person complying in good faith with a requisition made under Section 129 or Section 130.
- Any officer of the armed forces acting in good faith under Section 131.
- Any member of the armed forces obeying an order they were legally bound to follow.
Definitions:
- "Armed forces" refers to the military, naval, and air forces operating as land forces and includes any other armed forces of the Union so operating.
- "Officer" in relation to the armed forces includes commissioned, gazetted, or salaried officers, as well as junior commissioned officers, warrant officers, petty officers, non-commissioned officers, and non-gazetted officers.
- "Member" in relation to the armed forces refers to any person serving in the armed forces other than an officer.