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State of Kerala - Section

Section 64 in Kerala Police Act, 1960

64. Magistrate or Police officer not liable for anything done in good faith.

- No Magistrate or Police officer shall be liable to any penalty or payment of damages on account of any act done or intended to be done in good faith in pursuance of any duty imposed or any authority conferred on him by any provision of this Act or of any other law for the time being in force conferring owner on the Magistrate or Police officer or of any rule, order or direction lawfully made or given thereunder.
(2)Person duly appointed or authorised not liable for anything done in good faith. No person duly appointed or authorised shall be liable as aforesaid for giving effect in good faith to any such order or direction issued by the Government or by a person empowered in that behalf under this Act or any rule made under any provision thereof.
(3)Suit or prosecution not to be entertained if institued more than six months after the date of the act complained of. No court shall take cognizance of any suit or complaint, in respect of any offence or wrong alleged to be committed or done by a Magistrate, Police officer or other person on account of any act done in pursuance of any duty imposed or authority conferred on him by this Act or any other law for the time being in force or of any rule, order or direction lawfully made or given thereunder unless the suit or complaint is filed within six months of the date on which the offence or wrong is alleged to have been committed or done.
(4)Two months' notice before suit. No suit as aforesaid shall be instituted against any Magistrate, Police officer or other person until the expiration of two months next after notice in writing containing a sufficient description of the wrong complained of and the relief claimed has been given to him.
(5)Plaint to set forth service of notice and tender of amends. The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service, shall state whether any, and if so what, tender of amends has been made by the defendant. A copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof.
(6)Tender of amends made before suit. Whenever it is proved to the satisfaction of the court, that, before the suit was instituted, tender of sufficient amends has been made to the plaintiff, the plaintiff shall not get his costs nor any relief not included in such tender, and shall pay the costs of the defendant in the suit:Provided that no action shall lie when such Magistrate, Police officer or other person has been prosecuted criminally for the same act.