Can You File an FIR Against Judge?

FIR against Judge?

Just recently, Rajasthan Police filed an FIR against the Judicial Magistrate for asking the Rape Survivor to strip and show her injuries. 4According to the allegations, the victim was leaving, and the magistrate called her back and asked her to remove her clothes so that the Magistrate could see her bruises. Thus, the FIR was lodged against the Judge on March 30. And has been booked under sec 345 of IPC an (prevention of atrocities) Act. The First Information Report u/s 154 of CrPC is the Information recorded by the police about the commission of cognizable offence, FIR can be file y any person, but the question is can we file it against anyone? Especially if it is against a Judge? Is it possible to file FIR against the Judge? Whether the above FIR filed against the Rajasthan Magistrate valid?

In India, the Judiciary is considered to be independent so that the Judges can perform their duties and ensure that Justice is provided without any biases, which is why immunity is given to the Judge to ensure that false decisions are not taken and to for the sake of public interests. There are specific provisions to ensure that immunity is provided to the Judges.

Sec 77 of IPC states that "Act Of Judge when acting udicially Nothing is an offence which is done by a Judge when acti •u •cially in the exercise of any power which is, or which in gotå Iaith he believes to be, given to him by law Sec 197 of CrPC states that "When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alle ed to have been committed by him while acting or purportmg to act in tie discharge Of his official duty, no Court shall take cognizance Of such offenceof such offence except with the previous sanction- a " in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government• b) in the case of a person who is employed or, as the case may be, was at the lime of commission of the alleged offence employed, in connection with the affairs of a State, of the State. These specific provisions ensure that protection is provided to the Judges, But what if the Judge misuses his powers and commits wrongful acts? In a landmark case K. Veeraswami v. UOI and Others it was held that FIR cannot be registered against a Judge of the High Court, Chief Justice of the High Court or Judge of the Supreme Court unless the Chief Justice of India is consulted. And in case if it is against CJI then the President be consulted.

These specific provisions ensure that protection is provided to the Judges, But what if the Judge misuses his powers and commits wrongful acts? In a landmark case K. Veeraswami v. UOIand Others it was held that FIR cannot be registered against a Judge of the High Court, Chief Justice of the High Court or Judge of the Supreme Court unless the Chief Justice of India is consulted. And in case if it is against CJI then the President be consulted.

Moreover Sec 3(2) of The Judges (Protection) Act, 1985, states that "Nothing in sub-section (1) shall debar or affect in any manner the power of the Central Government or the State Government or the Supreme Court of India or any High Court or any other authority under any law for the time being in force to take such action (whether by way of civil, criminal, or departmental proceedings or otherwise) against any person who is or was a Judge." Hence, only after prior consent from the Chief Ju FIR can be filed against a Judge.

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