Exemptions from arrest and personal appearance with reference to public officers.

Abstract

Provisions regarding exemption of public officers has been provided under the CPC, it elaborates the grounds for exemptions of public officers from arrest and personal appearance, these provisions safeguards the right of the public as well as the rights and duties of the public officers.

Introduction

The code of civil procedure elaborates that when the suits are filed against the public officers or the government, the initiation process differs from that of a normal case. The initiation of a case and filing of the suit includes some extra formalities, as these cases are considered to be special cases, and hence, certain provisions regarding filing a suit against the government or public officers are enumerated under the Code of Civil Procedure, 1908 (hereinafter to be referred to as CPC). 

Section 2(17) of the CPC defines public officers as individuals who fall under specific categories, including judges, members of the All-India Service, commissioned or gazetted officers in the Union’s military, naval, or air forces, officers of a Court of Justice, those authorized by a Court of Justice to perform duties, those empowered to place or keep in confinement, government officers tasked with preventing offenses, taking or expending property on behalf of the government, conducting surveys, assessing or contracting, executing revenue processes, investigating matters affecting the government’s pecuniary interests, and officers in the service or pay of the government.

Protection to Public Officers

The code of civil procedure enumerates certain conditions for exemption from arrest and personal appearance. Section 81 of CPC enshrines protection of public officers from arrest and personal appearance along with protection from attachment of property.

The above-mentioned provision of CPC provides basically two grounds for the public officer to be exempted from personal appearance, arrest, or his property to attachment. These grounds explain that a public officer will not be liable to arrest nor his property to attachment, this provision has a proviso that if a decree is passed by the court to arrest or attach the property of the public officer, then in execution of the decree the officer can be arrested or his property can be attached. The second clause explains that if the court believes that absence of the public officer from his duty will cause harm to the public service. Hence these grounds are mentioned in the CPC which protects the rights of the public officers as well as the public. For further ethical or legal support any person should reach out to an expert civil advocate.

Conclusion

After analyzing the concept behind the provisions of CPC, it can be concluded that the intention of the legislature behind the legal principle behind these provisions is to safeguard the rights as well as protect the public officers who are obliged to their duties, which they are bound to. These provisions express a very significant principle that also protects the normal public and help to maintain public peace and order. In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

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