
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.