Respected sir,
Whether a presiding officer can be prosecuted for offences commited by him?
Raj Kishore Vaish
Yes, a presiding officer can be prosecuted for offences committed by them, but it depends on the nature of the offence and the legal provisions under which the prosecution is sought.
Under Section 340 of the Criminal Procedure Code (CrPC), a court may initiate proceedings if it believes an offence affecting the administration of justice—such as perjury or fabrication of evidence—has been committed in relation to a judicial proceeding. This includes offences under Section 195(1)(b) of the CrPC, which covers false evidence and forged documents presented in court2. Here are some key points:
🧑⚖️ Presiding officers are not immune from prosecution if they commit offences while acting in their official capacity, especially if those acts obstruct justice.
⚖️ The court must conduct a preliminary inquiry and determine whether it is expedient in the interest of justice to prosecute the individual.
📝 The complaint must be made by the court itself, not by private individuals, for offences under Section 195(1)(b).
🛡️ However, judicial immunity may apply in certain cases where the act was done in good faith within the scope of judicial duties. This is a nuanced area and depends on the facts of each case.
