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Offence alleged to have been committed while acting in the discharge of his official duty.

10. Some persons are prone to interpret as meaning "any offence committed by him while he is in office". That, as I have shown above, is quite wrong; and acting here refers to the specific action which comprises the offence. The section might run Is accused of any action done by him in the discharge of his official duty, alleged to be an offence.

11. It is interesting to note that the section still causes difficulty because it was newly drafted in 1923 to clear up the ambiguity of the wording in the 1898 Code, which itself was an attempted improvement upon that of 1872. These variations must be kept in view in examining the case-law, though I think that throughout the legislature has been endeavouring to state the same thing only in different words.