Prosecution can not started against a judge on the basis of judgement given by him
If the allegation in the complaint is made on the basis of a
judgment which is given by a Judge while discharging his official duties as a Judge and that is made the basis of the criminal complaint, as has been done in the present case, then, in that case, the Judge would be entitled to get protection as laid down under section 3(1) of the said Act. However, if the said act of a Judge has not been done in discharge of his official duties as a Judge, in that case the protection would not be available and section 3(2) clarifies that in such a case, the Central Government, State Government or Supreme Court or High Court would have power to initiate civil, criminal or departmental proceedings against the Judge.
