MPPSC 2018 Prelims Paper-I · Question 88 of 100

Correct — D, Section 14A. 'Protection of action taken in good faith' is provided in Section 14A of the Protection of Civil Rights Act, 1955. It shields the Government and its officers from suits, prosecutions or other legal proceedings for anything done, or intended to be done, in good faith under the Act — a standard 'good-faith immunity' clause. Like the collective-fine power, it was brought in by the 1976 amendment.

• (a)Section 16A — Section 16A does not carry the good-faith protection; the good-faith immunity clause is expressly Section 14A.
• (b)Section 15A — Section 15A lays down the 'Duty of the State Government' to ensure that the rights arising from the abolition of untouchability are enjoyed — not protection for actions taken in good faith.
• (c)Section 16B — Section 16B is the rule-making power ('Power to make rules'); it is not the good-faith protection clause.

A 'protection of action taken in good faith' section is a routine feature of Indian statutes: it bars legal proceedings against the Government or officials for bona fide acts done under the law, so that enforcement is not paralysed by fear of personal liability. In the Protection of Civil Rights Act, 1955 this immunity sits in Section 14A, immediately after Section 14 (offences by companies).

This question is the good-faith twin of Q87 and Q89 — all three test adjacent sections of the same Act. The distractors (15A, 16A, 16B) are the very next sections, so the examiner is checking whether you can pin the exact number rather than the neighbourhood. Anchor on: 14A = good faith, 15A = duty of State Government, 16B = rule-making power.

• Section 14A = Protection of action taken in good faith
• Section 14 = Offences by companies (immediately before it)
• Section 15A = Duty of the State Government
• Section 16B = Power to make rules
• Good-faith clauses bar suits/prosecutions against Government and officers for bona fide acts under the Act

• Picking Section 15A (duty of State Government) instead of 14A
• Assuming a higher-numbered section (16A/16B) carries the good-faith clause

MPPSC phrases it as 'which section provides protection of action taken in good faith'. The safeguard is to memorise the 14 / 14A / 15A / 16B cluster together.

No directly related past PYQ was found.

• practice — not a real PYQ

  A 'protection of action taken in good faith' clause in a statute primarily:

  • (a)increases the punishment for offenders
  • (b)bars suits and prosecutions against the Government/officers for bona fide acts done under the Act
  • (c)creates a new fundamental right
  • (d)transfers cases to the High Court

  Answer(b) It gives immunity for bona fide official action taken under the Act.

• practice — not a real PYQ

  Under the Protection of Civil Rights Act, 1955, the 'duty of the State Government' to secure the rights arising from abolition of untouchability is laid down in:

  • (a)Section 14A
  • (b)Section 15A
  • (c)Section 16B
  • (d)Section 10A

  Answer(b) Section 15A of the PCR Act, 1955.