Chapter X
Section 132 CrPC: Protection against prosecution for acts done under preceding sections
New Law Update (2024)
Section 141 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any Criminal Court except—
(a) with the sanction of the Central Government where such person is an officer or member of the armed forces;
(b) with the sanction of the State Government in any other case.
(2) No Executive Magistrate or police officer acting under any of the said sections in good faith; no person doing any act in good faith in compliance with a requisition under section 129 or section 130; no officer of the armed forces acting under section 131 in good faith; no member of the armed forces doing any act in obedience of any order which he was bound to obey, shall be deemed to have thereby, committed an offence.
(3) In this section and in the preceding sections of this Chapter,—
(a) the expression “armed forces” means the military, naval and air forces, operating as land forces and includes any other Armed Forces of the Union so operating;
(b) “officer” in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer;
(c) “member” in relation to the armed forces, means a person in the armed forces other than an officer.
Important Sub-Sections Explained
Section 132(1)
This sub-section mandates that no legal case can be filed against any person, including armed forces personnel, for actions taken under Sections 129, 130, or 131 (which deal with dispersing unlawful assemblies), without first getting explicit permission from either the Central or State Government.
Section 132(2)
This sub-section grants immunity from prosecution for certain individuals – like Executive Magistrates, police officers, and armed forces personnel – if their actions under Sections 129, 130, or 131 were done in good faith or in obedience to orders they were bound to follow, meaning they will not be considered to have committed an offence.
Landmark Judgements
Sankaran Moitra v. Sadhna Das & Anr. (2006):
The Supreme Court clarified that Section 132 CrPC provides significant protection, mandating prior sanction from the appropriate government (Central or State) before initiating any prosecution against armed forces personnel, Executive Magistrates, or police officers for acts done or purporting to be done under Sections 129, 130, or 131. The ruling emphasized that even if an act is alleged to be excessive or illegal, the necessity of sanction still arises if the act falls within the colour of duty under these specific provisions.