Bare ActsThe BOMBAY POLICE ACT, 1951

Section 161

Amendment status not verified — confirm the current text below against the official source.

Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to be entertained or to be dismissed if not instituted 1[within prescribed period]. (1) In any case of alleged offence by the 2[Revenue Commissioner] a Magistrate, Police officer or other person, or of a wrong alleged to have been done by such 2[Revenue Commissioner], Magistrate, Police officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein, it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution suit shal1 not be entertained, or shall be dismissed, if instituted, more than six months after the date of the act complained of: 3[Provided that, any such prosecution against Police officer may be entertained by the court, if instituted with the previous sanction of the State Government within two years from the date of the offence]. (2) In suits as aforesaid one month's notice of suit to be given with sufficient description of wrong complained of. In this case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrong doer one month's notice at least of the intended suit with sufficient description of the wrong complained of, failing which such suit shall be dismissed. (3) Plaint to set forth service of notice and tender of amend. The plaint shall set forth that a notice as aforesaid bas been served on the defendant and the date of such service, and shall state whether any, and if any, what tender of amends has been made by the defendant. A copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof. Gujarat Amendment: In Sec. 161, in sub-section (1), and in the marginal note thereto, for the words “six months” the words “one year” shall be substituted.

Section 161 – The BOMBAY POLICE ACT, 1951 | DailyLaw.ai