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132. Protection against prosecution for acts done under this Chapter

  1. No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any Criminal Court, except with the sanction of the Provincial Government; and:

 

(a) no Magistrate or police officer acting under this Chapter in good faith.

(b) no officer acting under section 131 in good faith.

 

(c) no person doing any act in good faith, in compliance with a requisition under section 128 or section 130 [or S.131-A], and

 

(d) no inferior officer, or soldier, sailor or airman in the armed forces ..... doing any act in obedience to any order which he was bound to obey. shall be deemed to have thereby committed an offence: Provided that no such prosecution shall be instituted in any Criminal Court against any officer or soldier, sailor or airman in the armed forces except with the sanction of the Central Government. Scope-Section 132, Criminal P.C. is a protection against prosecution and has nothing to do with ingredients of any offence. In order to obtain benefit of S. 132 the accused has to prove that the acts complained of were done under circumstances mentioned in the section, He need not prove that he committed no offence. In other words he must place before the Judge materials and circumstances justifying an inference that there was an unlawful assembly and the acts complained of were purported to have been done while dispersing that assembly. AIR 1956 S.C. 44

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