What do you mean by Judicial Proceedings? – Answered!

An inquiry in which no discretion is to be used and no judgment to be formed, but something is to be done as a matter of a duty, is not a judicial but an administrative inquiry. Thus, proceedings before a Collector under the Land Acquisition Act are not judicial proceedings.

The following have been held to be judicial proceedings:

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(i) Maintenance proceedings under Chapter IX of the Code;

(ii) An inquiry under the Legal Practitioners’ Act, 1879;

(iii) An inquiry by a Magistrate, before issuing an order under S. 144 of the Code;

(iv) Proceedings in execution of a decree.

On the other hand, the following have been held not to be judicial proceedings:

(a) An examination by a Police Officer under S. 161 of the Code;

(b) An order of the Government sanctioning a prosecution under S. 196 or S. 197 of the Code;

(c) A departmental inquiry by a District Registrar into a complaint made against a Sub-Registrar;

(d) Inquiries made by a Chief Judicial Magistrate on receipt of information that a grave crime was about to be committed.

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