What steps should be taken if a judicial magistrate makes abuse of his power?
If the magistrate arbitrarily takes coercive actions against a party without any reasonable excuse, how can the magistrate be complained of?
sridhar pasumarthy (ADVOCATE) 21 November 2011
Dear Varun,
Sec 16 of Contempt of courts Act answers your query.
16. Contempt by judge, magistrate or other person acting judicially.
(1) Subject to the provisions of any law for the time being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this Act shall, so far as may be, apply accordingly.
(2) Nothing in this section shall apply to any observations or remarks made by a judge, magistrate or other person acting judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court.
Varun (Student) 23 November 2011
thank you sir for your kind reply.
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