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Advocate Shivchand Mishra (Lawyer)     25 May 2023

Liability of a transferred government officer

Hello Friends,

My query is,

I have filed a Private complaint against a Assistant Commissioner of Police (complaint is filed by designation and not by the name of transferred ACP) in CMM Court Mumbai u/s 166A of IPC. Now before the matter could have been heard, the ACP is transferred to Raigad. Now under this circumstances, 

1) Is it the transferred ACP who will be liable for his misdeeds or the incomming new ACP?

2) Can the magistrate direct investigation u/s 156(3) against the ACP transferred to other district or the new ACP will have to face the consequence?

3) Does complainant need to inform the court that erring officer is transferred out of his jurisdiction?

4) Can the complainant amend the complaint and add the name of transferred ACP?


 3 Replies

Real Soul.... (LEGAL)     25 May 2023

It will be against the oficer who chaired the postion on the date of complaint . You must inform the court that the officer is transferred to Riagad against whom the complaint is registerd .

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 May 2023

1. The officer who abused his power or misused the law to his favor and done such acts, shall be liable for the charges and not the incumbent.

2. It is a private complaint, once the court has taken cognizance of the offence, it will proceed as per procedures of law.

3. Not necessary, it is for the accused/respondent who has to inform the court about all such developments.

4. You should have a control over your imaginations as well as your anxiety, it is the court's duty to conduct the case as per procedures of law.


1 Like

Sudhir Kumar, Advocate (Advocate)     26 May 2023

if it is civil suit or case in official capacity the new incumbent will defend.


In case the case is of criminal nature the the original person will defend.

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