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Nitin (Manager)     21 July 2016

False fir against lawyer?

What is a scope of Section 332/353 ? lawyers are supposed to be the officers of the court. We all know it. Constitution has awarded lawyers the dignity at par with person sitting on the seat of Magistrate. Magistrate & lawyers in court, both, comes under the definition of Public Servant under IPC. Can any court employee file FIR against the lawyer ? How long shall it stand ? Can any public servant lodge FIR against another public servant under this section working at the same dignified position in the same public office ? Hon'ble Members, I need judgement relating to the same. Regards,


Learning

 1 Replies

Mohan Shandilya (Senior Managing Partner)     24 July 2016

Sec 332 and 353 - both are in Chapter XVI which is re Offences affecting Human body, and further both are re an act or omission to deter a public servant from discharging his public duty ... in Sec 332 Voluntary hurt is involved, while in 353 assault or criminal force is involved.

Any person, including a court staff, can file an FIR against an Offender even if the Offender be an advocate.

There are thousands of judgments ... as an example, here is a web link:
https://indiankanoon.org/search/?formInput=section%20332%20of%20the%20indian%20penal%20code.

 


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