Section 53 of The Madras District Police Act, 1859 in hindi
All actions and prosecutions against any person, which may be lawfully brought for any thing done or intended to be done, under the provisions of this Act, or under the general Police powers hereby given, shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such action and of the cause thereof, shall be given to the defendant; or to the Superintendent or other superior officer of the district in which the act was committed, one month at least before the commencement of the action; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action, brought by or on behalf of the defendant; and though a decree shall be given for the plaintiff in any such action, such plaintiff shall not have cost against the defendant unless the Judge, before whom the trial shall be, shall certify his approbation of the action: Proviso. provided always that no action shall, in any case lie where such officers shall have been prosecuted criminally for the same act.
Summary
- If someone wants to sue a police officer or anyone else for an action taken under this Act, they must start the lawsuit within three months of the event.
- The person suing (plaintiff) must give written notice of the lawsuit to the defendant or a superior police officer at least one month before officially starting the case.
- The plaintiff cannot win money if the defendant offered a sufficient payment to make amends before the lawsuit began, or paid enough into the Court after it started.
- Even if the plaintiff wins the case, they will not get their legal costs paid by the defendant unless the Judge specifically approves of the lawsuit.
- A civil lawsuit is not allowed at all if the officer has already been criminally prosecuted for the exact same act.
Practical examples
FAQ
1. How long do I have to file a lawsuit against someone for actions taken under this Police Act?
You must start the lawsuit within three months after the act happened.
2. Do I have to warn the person before I sue them?
Yes, you must give written notice of the action and the reason for it at least one month before starting the lawsuit.
3. Can I sue an officer if they have already faced criminal charges for the same thing?
No, you cannot bring a civil lawsuit if the officer has been criminally prosecuted for the same act.
Test yourself
Q1.Under Section 53 of The Madras District Police Act, 1859, what is the time limit for commencing a civil lawsuit against a person for actions done under the Act?
Q2.Under Section 53 of The Madras District Police Act, 1859, how much advance notice must be given before starting a lawsuit?
Q3.Under Section 53 of The Madras District Police Act, 1859, what happens if the defendant tenders sufficient amends before the lawsuit is brought?
Q4.Under Section 53 of The Madras District Police Act, 1859, if an officer maliciously files a false charge and is criminally prosecuted under Section 44, can the victim also sue them in a civil action for that same act?