Section 49 of The Unlawful Activities (Prevention) Act, 1967
No suit, prosecution or other legal proceeding shall lie against
- (a)the Central Government or a State Government or any officer or authority of the Central Government or State Government or District Magistrate or any officer authorised in this behalf by the Government or the District Magistrate or any other authority on whom powers have been conferred under this Act, for anything which is in good faith done or purported to be done in pursuance of this Act or any rule or order made thereunder; and
- (b)any serving or retired member of the armed forces or para-military forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism.
Summary
- This section protects people from being sued or prosecuted for doing their jobs under this Act.
- It only applies if the person acted in good faith, which means they acted honestly and with proper intention.
- It covers the Central Government and State Governments.
- It also covers specific officers like District Magistrates or anyone else given powers by the government.
- Retired or serving members of the armed forces and paramilitary forces are also protected.
- The protection applies to actions taken during operations meant to fight terrorism.
Practical examples
FAQ
1. Can I sue a government officer for an arrest made under the Unlawful Activities (Prevention) Act, 1967?
You cannot sue them if the action was done in good faith according to Section 49 of the Unlawful Activities (Prevention) Act, 1967.
2. Are retired soldiers protected under Section 49 of the Unlawful Activities (Prevention) Act, 1967?
Yes, Section 49 of the Unlawful Activities (Prevention) Act, 1967 specifically includes both serving and retired members of the armed forces.
3. What does good faith mean in Section 49 of the Unlawful Activities (Prevention) Act, 1967?
While not defined in the section, it generally means the person acted honestly and intended to follow the law correctly under the Unlawful Activities (Prevention) Act, 1967.
4. Does Section 49 of the Unlawful Activities (Prevention) Act, 1967 protect the State Government?
Yes, the section provides that no suit or legal proceeding shall lie against a State Government for actions taken in good faith.
Test yourself
Q1.Under Section 49 of the Unlawful Activities (Prevention) Act, 1967, who is protected from legal proceedings?
Q2.What is the essential condition for protection under Section 49 of the Unlawful Activities (Prevention) Act, 1967?
Q3.Which group is specifically mentioned as protected in the context of combating terrorism under Section 49 of the Unlawful Activities (Prevention) Act, 1967?
Q4.Does Section 49 of the Unlawful Activities (Prevention) Act, 1967 protect an officer if they freeze a bank account under Section 51A?