Central

Section 17 of The Murshidabad Estate Administration Act, 1933

Investigation to be deemed a judicial proceeding.

Everyinvestigation conducted by the Manager with reference to any claim preferred before him under this Act, or to any matter connected with such claim, shall be deemed to be a judicial proceeding within the meaning of the Indian Penal Code (45 of 1860); and everystatement made by any person examined by or before the Manager with reference to any such investigation, whether upon oath or otherwise, shall be deemed to be evidence within the meaning of the said Code.

Summary

Every investigation the Manager does regarding a claim is legally considered a "judicial proceeding".
This means the investigation is treated with the same legal seriousness as a court case.
Any statement someone makes to the Manager during these investigations is legally "evidence".
This legal status applies whether the person is speaking under a formal oath or just making a normal statement.
These rules are defined based on the meanings found in the Indian Penal Code.

Practical examples

1While investigating a 5,000 rupee claim on March 12th, the Manager records a statement from a witness named Rahul. Even though Rahul did not swear on a holy book (no oath), his words are legally treated as evidence in a judicial proceeding.

2A claimant lies to the Manager about a debt. Because Section 17 makes this a "judicial proceeding" under the Penal Code, the lie could potentially be treated as perjury (lying to a court).

FAQ

1. Is talking to the Manager the same as talking to a judge?

For the purpose of claim investigations, yes; it is legally a "judicial proceeding".

2. If I'm not under oath, does my statement still count as evidence?

Yes, every statement made before the Manager in an investigation is deemed evidence, whether upon oath or otherwise.

3. Which law determines the meaning of "judicial proceeding" in this Act?

The Indian Penal Code.

4. Does this apply to every meeting with the Manager?

It applies to every investigation conducted by the Manager with reference to a claim or matters connected to a claim.

Test yourself

1.Under Section 17 of The Murshidabad Estate Administration Act, 1933, an investigation by the Manager is deemed to be what?

2.According to Section 17 of The Murshidabad Estate Administration Act, 1933, what constitutes "evidence"?

3.Which code defines the terms used in Section 17 of The Murshidabad Estate Administration Act, 1933?

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