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Impunity and how to End it

By B. M. D. Agarwal

Published In

Cr LJ 2000

The word Impunity in its noun form means freedom from punishment or injury. In other words, anyone who causes any act, commits any offence or causes any injury to any person, he will not be subject to punishment or any injury will be caused to him. In most of the laws passed by legislature, there is a protection clause, viz., “Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under the Act.” The word ‘Good Faith’ has been defined under the Indian Penal Code vide Section 52, as under : “Nothing is said to be done or believed in good faith which is done or believed without due care and attention.” The crucial words are ‘Due Care’ and ‘Attention’. So any act has to be examined accordingly to have impunity under law. ‘Due Care’ and ‘Attentio ....

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