Section 132 of CrPC : Section 132: Protection Against Prosecution For Acts Done Under Preceding Sections

Explanation using Example

Imagine a scenario where a violent protest breaks out in a city, and the police are called to manage the situation. An Executive Magistrate issues an order under Section 129 of The Code of Criminal Procedure, 1973, to disperse the unlawful assembly and, if necessary, to use force. The police, under the command of an officer, take action to disperse the crowd, using minimal force required.

During this action, a protester is inadvertently injured. The injured protester decides to file a criminal case against the police officer in charge. However, under Section 132 of The Code of Criminal Procedure, 1973, the officer cannot be prosecuted without the sanction of the State Government because his actions were a part of his duty to disperse the unlawful assembly under the Executive Magistrate's order.

Moreover, if the officer acted in good faith, believing it was necessary to use force to maintain public order, Section 132(2) protects him from being deemed as having committed an offence in the execution of his duty. Thus, for the prosecution to proceed, the sanction from the appropriate government is required, and the good faith of the officer's actions will be a significant factor in the legal proceedings.