88. Saving for Magistrate or Police Officer for any act done in good faith in discharge of duties
(1)No Magistrate or Police Officer shall be liable to any penalty or to payment of any damages on account of any act done or intended to be done in good faith in the discharge of his duties or exercise of powers under the provisions of this Act, or in accordance with any rule or order or direction issued or rules made thereunder.(2)No Government servant or person who has been duly appointed or authorised shall be liable to payment of the penalty or damages as aforesaid for giving effect in good faith to any such order direction purporting to be issued by the Government or any person authorised in that behalf under this Act or under any rule made under this Act.(3)Prosecution or suit to be filed within three months:- If a Magistrate or Police Officer or other person is charged with an offence or a wrong in respect an act done by him under colour of his functions or in excess of his powers of or duties as aforesaid, or wherein it shall appear to the court that the offence or wrong with which any Magistrate or Police Officer or other person has been charged, or which has been committed by him is of the character aforesaid, any suit or prosecution instituted after three months from the date on which the act is done, shall not be entertained and shall be dismissed.(4)Suits in certain cases shall be dismissed:-If the plaint relating to such suit does not expressly allege that the act complained of has been done with malicious intent and without reasonable cause, such suit shall be dismissed, and if in a suit for damages tender of sufficient amendment is made by the defendant before the institution of the suit, or a sufficient sum of money is paid into Court, with costs by or on behalf or the defendant, after the institution of the suit, such suit shall be dismissed.
