section 40
Plea that act was done under warrant
The Jammu and Kashmir Police Act, 1927Plea that act was done under warrant.—When any action of prosecution shall be brought or any proceedings held against any Police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of warrant issued by a Magistrate. Such plea shall be proved by the production of a warrant directing the Act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. Not proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:
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