Section 40: Protection of action taken in good faith
Arms Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1959
Section 40 of Arms Act: Protection of action taken in good faith
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Legal Commentary & Landmark Judgments: Section 40
Section 40 grants statutory immunity to public servants, providing that no suit, prosecution, or other legal proceeding shall lie against any person for anything done or intended to be done in good faith in pursuance of the Arms Act or its rules.
Statutory Good Faith Protection: Shields magistrates, police officers, and licensing authorities from vexatious civil suits, criminal prosecutions, and damages claims for actions executed under the Act in good faith.
Strict Statutory Definition of 'Good Faith': Good faith is strictly defined under Section 52 IPC / Section 2(11) BNS as requiring 'due care and attention'; deliberate planting of weapons, fabrication of recovery memos, or torture cannot claim Section 40 protection.
Jurisdictional Bar Against Harassment Litigations: Prevents criminals and unlicensed arms peddlers from filing retaliatory complaints or civil damages suits against investigating officers executing lawful search and seizure warrants.
Key Landmark Precedents:
General Officer Commanding-in-Chief v. Subhash Chandra Yadav (1988) 2 SCC 351: The Supreme Court held that statutory immunity clauses protect only bona fide actions executed within the four corners of statutory authority, not arbitrary or ultra vires acts.
State of Maharashtra v. Budhikota Subbarao (1993) 3 SCC 339: The Supreme Court ruled that protection of action taken in good faith cannot be invoked as an absolute shield for patent illegality, corruption, or intentional violation of constitutional safeguards.
Courtroom Practice & Strategic Litigation Guidance:
When prosecuting rogue police officers for planting an unlicensed weapon ('katta planting'), Section 40 will be raised as a defense. Overcome this by establishing lack of good faith: prove that the recovery was fabricated, that the accused was already in illegal custody before the alleged search, or that no due care and attention was exercised, thereby stripping the officer of statutory immunity.
Legal Commentary & Landmark Judgments: Section 40
Section 40 grants statutory immunity to public servants, providing that no suit, prosecution, or other legal proceeding shall lie against any person for anything done or intended to be done in good faith in pursuance of the Arms Act or its rules.
When prosecuting rogue police officers for planting an unlicensed weapon ('katta planting'), Section 40 will be raised as a defense. Overcome this by establishing lack of good faith: prove that the recovery was fabricated, that the accused was already in illegal custody before the alleged search, or that no due care and attention was exercised, thereby stripping the officer of statutory immunity.