Legal Question in Administrative Law in India

if a public servant delegates duty to another person then will that person enjoy immunity under section 197(1) of the Cr.p.c for acts done in furtherance of his duty. is there any case law on this subject?


Asked on 8/05/09, 9:37 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, in case the person to whom the duties are delegated is not a public servant, he would not enjoy the immunity.

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Answered on 8/05/09, 11:39 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

A public servant may be entitled to delegate only if the law permits him to do so; and if the delegation is valid, the delegatee will be entitled to same privileges as are available to the delegator.

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Answered on 8/05/09, 6:03 pm
Seshadri Srinivasan www.lawconcern.com

It depends on the status of the delegatee.

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Answered on 10/11/09, 10:57 pm


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