The English Law clearly made distinction between the “Sovereign Functions” and “Non-Sovereign Functions”.
While performing a sovereign function, if any servant or agent of the Crown does any tortious act or breach of the contract, such agent or servant is riot held liable. In such cases, \he Doctrine of Defence to Sovereign Immunity applies.
While performing a non-sovereign function, if any servant or agent of the Crown does any tortious act or breach of the contract, such agent or servant is held liable. In such cases, the Doctrine of defence to Sovereign Immunity does not apply.
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How can an act be considered as a “sovereign Function” or a “Non-Sovereign Function”? The answer depends upon the circumstances of the cases. The facts of each case differs.
For Example, there are certain disturbances in a locality. The highest officer issues curfew orders and warns the people not to come into the streets.
The police are patrolling. A group of agitators throw the stones against the police. A police constable fires in the air.
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The agitators do not fear. Moreover they come forward to beat the police constable. The police constable fires at the group and one is wounded or died.
The police constable is not held liable, as the performance of firing is done here as a part of “Sovereign Function”.