Rajasthan Government has introduced The Code of Criminal Procedure (Rajasthan Amendment) Bill, 2017 in the state assembly to protect both serving and former judges, magistrates and public servants in state from being investigated for on-duty action without its prior sanction. The bill replaces Criminal Laws (Rajasthan Amendment) Ordinance, 2017 promulgated in this regard.
Features of Bill
The Bill prevents courts from taking up private complaints against both serving and former judges, magistrates and public servants in state for on-duty action without its prior sanction. It also bars media from reporting on such matters involving accusations against public servants until sanction to proceed with probe is obtained.
The bill amends Criminal Code of Procedure (CrPC), 1973. It curbs publishing and printing or publicising in any case the name, address, photograph, family details of the public servants.
It make additions to sections 156 (3) and 190 (1) of CrPC which empower a magistrate to take cognizance of an offence and order an investigation. It provides 180 days immunity to officers as it has provision mentioning no magistrate can order an investigation nor will any investigation be conducted against person who is or was a judge or a magistrate or a public servant.
Its violation will call for two years imprisonment. If there is no decision on the sanction request post the stipulated time period (180 days), it will automatically mean that sanction has been granted.