Legal Provisions of Section 132 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Protection against prosecution for acts done under preceding section:
This section provides protection against prosecution and trial for any act purported to be done under proceeding, Section 129; 130 or 131, without the sanction of the State or the Central Government. Any Executive Magistrate, police officer, officers or the members of the armed forces acting bona fide in compliance with requisition made under Section 129 or 130, shall not be deemed to have committed any offence.
ADVERTISEMENTS:
The Court may look into the necessity of sanction only when the evidence recorded in the proceedings suggest that the alleged criminal act was committed or was probably necessary in connection with the use of power under Sections 129, 130 or 131 of the Code.
In Ramadhar Yadav v. R.C. Mishra, the police party had gone for discharging some official duties and because of the objection raised by the complainant against the police action, the police personnel took away some property of the complainant. Held, that prior sanction of the State Government for their prosecution was necessary and therefore, the complaint so instituted without prior sanction was void.
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