CrPC Section 76

CrPC Section 76 – Protection of persons acting in good faith under this Code

Text of Section 76 (Simplified):

No suit, prosecution, or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Code.

Explanation:

Section 76 provides legal protection to all persons who perform their duties in good faith under the provisions of the Code of Criminal Procedure (CrPC).

This means if a police officer, magistrate, or any other person acts honestly and sincerely while carrying out their powers and duties under the CrPC, they cannot be sued or prosecuted for those actions.

This immunity encourages officials to perform their functions without fear of personal liability, provided they are not acting maliciously or with wrongful intent.

Key Points:

Applies to all persons acting under the CrPC — including police officers, magistrates, government officials, etc.

Protection is only if actions are done in good faith (honestly, without malice or negligence).

It prevents harassment through frivolous lawsuits against officials doing their job.

Does not protect against acts done with malicious intent or outside legal authority.

Example:

If a police officer arrests a person following proper legal procedure but the accused later claims the arrest was wrongful, the officer cannot be personally prosecuted or sued if the arrest was done in good faith under CrPC powers.

 

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