Maharashtra Police Act 1951
Section 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 1.[within the prescribed period] :
(1) In any case of alleged offence by 2.[the Revenue Commissioner, the Commissioner], a Magistrate, Police Officer or other person, or of a wrong alleged to have been done by 3.[such Revenue Commissioner, 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 six months after the date of the act complained of:
4.[Provided that, any such prosecution against a Police Officer may be entertained by the Court, if instituted with the previous sanction of the State Government within two years from the date of the offence.]
In suits as aforesaid one month’s notice of suit to be given with sufficient description of wrong complained of :
(2) 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, failing which such suit shall be dismissed.
Plaint to set forth service of notice and tender of amends :
(3) 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.
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1. Substituted for the words ‘within six months’, by Maharashtra 45 of 1967, Section 3(b).
2. Substituted for the words ‘the Commissioner’ by Maharashtra 2 of 1960, Section 6.
3. Substituted for the words ‘such Commissioner’ by Maharashtra 2 of 1960.
4. Inserted by Maharashtra 45 of 1967, Section 3(a).
