Open Access Research Article
CIVIL AND CRIMINAL IMMUNITIES FOR ACTIONS DONE IN GOOD FAITH BY CIVIL SERVANTS
Abstract
Civil servants in India are conferred qualified immunities for acts
performed in good faith in the discharge of official duties. These immunities,
both civil and criminal, are essential for the efficient functioning of public
administration. They protect honest officers from vexatious litigation while
ensuring that mala fide, corrupt or ultra vires actions remain subject to legal accountability. This paper
undertakes a detailed examination of the constitutional and statutory framework
governing such immunities, with particular reference to Section 80 of the Code
of Civil Procedure, 1908, Section 197 of the Code of Criminal Procedure, 1973
(corresponding to Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023),
Sections 76–79 of the Indian Penal Code, Section 19 of the Prevention of
Corruption Act, 1988, and the extensive body of Supreme
Court jurisprudence. The paper also analyses
the meaning of “good faith”,
the distinction between
personal and State liability, the position of judicial
officers, and contemporary challenges in maintaining the balance between
administrative efficiency and the rule of law.
Published Paper
Author Details
Authors: KAVI MOHAN MRegistration ID: 1013400 | Published Paper ID: IJLRA13400 Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1651-1664
Article Information
CIVIL AND CRIMINAL IMMUNITIES FOR ACTIONS DONE IN GOOD FAITH BY CIVIL SERVANTS
Authors: KAVI MOHAN M
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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