Section 54

Plea that act was done under a warrant.

The Madras District Police Act, 1859

  • Act 24 of 1859
  • Ministry of Home Affairs
  • Department of States
About this Act

An Act for the better regulation of the Police within the Territories subject to the Presidency of Fort St. George.

All sections
     When any action, prosecution, or proceeding shall be brought against any Police-officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate; and such plea shall be proved by the production of the warrant directing the act and purporting to be signed by a Magistrate. And the defendant shall, thereupon, be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. And no proof of the signature of such official shall be necessary, unless the Court shall see reason to doubt it being genuine:     Proviso.- Provided always that any remedy which the party may have against the authority issuing such warrant shall remain entire.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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