161. Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to be entertained, or to be dismissed if not instituted within [one year] [These words were substituted for these words 'six months' by Gujarat 16 of 1978, section 17.].
(1)In any case of alleged offence by the Commissioner, a Magistrate, Police Officer or other person, or of a wrong alleged to have been done to such Commissioner, Magistrate, Police Officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein, it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be dismissed, if instituted, more than [one year] [These words were substituted for these words 'six months' by Gujarat 16 of 1978, section 17.] after the date of the act complained of:(2)In suits as aforesaid one month's notice of suit to be given with sufficient description of wrong complained of:-In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrong-doer one month's notice at least of the intended suit with sufficient description of the wrong complained of, falling which such suit shall be dismissed.(3)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, and shall state whether any, and if any, 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.
