Amendment status not verified — confirm the current text below against the official source.
Plea that act was done under warrant:- When any action of prosecution shall be brought or any proceedings held against any police-officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate. Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall, thereupon, be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine: Proviso:- Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section. COMMENTS 1 See, however, paragraph 4 of the India and Burma (Transitory Provisions) Order, 1937, section 41 reads as follows:- ‘All sums paid for the service of process by police-officers, and all rewards, forfeiture and penalties or shares of rewards, forfeitures and penalties which by law are payable to informers shall when the information is laid by a police- officer, be paid into the general Police Fund’. 2 So much of sec. 42 (the portion printed in italics) as relates to the limitation of suits rep. by Act No.9 of 1871, sec. 2 and Sch. I. 17 Any action or prosecution can be instituted against any person for anything done under this Act- (i) within 3 months after the act complained of had been committed; and The Police Act, 1861 (ii) after giving a month's notice in writing of the cause of action or prosecution to the defendant/accused. . The notice may be served upon the Superintendent of Police or Assistant Superintendent of Police.