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Home > Bare Acts > Others > Assam Rifles Act,1941 > PRIVILEGES OF, AND PROTECTION FOR ACTS DONE BY, COMMANDANT, ASSISTANT COM COMMANDANT, ETC



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Assam Rifles Act,1941

Act No : 5

 

Section : PRIVILEGES OF, AND PROTECTION FOR ACTS DONE BY, COMMANDANT, ASSISTANT COM COMMANDANT, ETC

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SECTION 10: PRIVILEGES OF, AND PROTECTION FOR ACTS DONE BY, COMMANDANT, ASSISTANT COM COMMANDANT, ETC.-

(1) A Commandant, Assistant Commandant or rifleman shall be entitled to all the privileges which a police officer has under section 125 of the Indian Evidence Act, 1872,-and any other enactment for the time being in force.

(2) In any suit or proceeding against a Commandant, Assistant Commandant or rifleman for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order.

(3) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved, the Commandant, Assistant Commandant or rifleman, as the case may be, shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order.

(4) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against a Commandant, Assistant Commandant or rifleman for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the orders or rules made thereunder, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given, where the defendant is a rifleman, to his superior officer, and in other cases, to the defendant, at least one month before the commencement of such proceeding.]



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