Can we file a case against a judge in India?
Asked by: Prof. Liliana Schowalter Sr. | Last update: January 6, 2026Score: 4.2/5 (1 votes)
The majority held that no criminal case shall be registered under Section 154 of the Criminal Procedure Code (an FIR) against a judge of the High Court,
How to file a complaint against a judge in India?
Grievances related to judiciary are forwarded electronically to the Secretary General, Supreme Court of India/Registrar General of the concerned High Court for further action, as appropriate. A copy is endorsed to the grievance holder for information.
Can you sue a judge in India?
Most of the time, however, judges have absolute immunity from civil cases, which protects them from personal lawsuits. The principle of absolute immunity shields government officials from being sued while they serve in an official capacity and it extends to judicial officers, including court judges.
Can a judge be punished in India?
The rare and serious sanctions of suspension or removal from office are reserved for only the most egregious instances of misconduct. It behoves the judiciary to support measures that hold it accountable.
How do I file a case against someone in India?
- The name of the person you are accusing of a crime.
- Your contact information.
- The time and date of the alleged crime.
- A description of what happened.
- Any physical evidence that may exist about the crime.
Complaint Against Judges, Complaint of Judicial Officer (218)
Can US citizens file case in India?
Yes you can, be it usa or any other country you can always file a civil case by virtue of explanation to s. 10 of civil procedure code,1908 which says that nothing precludes Indian courts from instituting a civil suit in an Indian court provided the parties and cause of action are same.
How do you sue a judge?
Because you cannot sue judges except in limited situations, you need to meet with a lawyer to see if your case fits into one of the narrow exceptions to judicial immunity. During a consultation, you can explain the facts of your case, and the lawyer can advise you whether you have a legal case against the judge.
Who can overrule a judge?
Most federal court decisions, and some state court rulings, can be challenged. The U.S. courts of appeals usually have the last word. The nation's 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.
What is it called when a judge is unfair?
Courts have explained that bias is a favorable or unfavorable opinion that is inappropriate because it is not deserved, rests upon knowledge that the judge should not possess, or because it is excessive.
What is the immunity of Judges in India?
India. Judges enjoy absolute immunity from prosecution for any act, thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his official or judicial duty or function, under section 3(1) of the Judges (Protection) Act, 1985.
Can a judge refuse to look at evidence?
Lawful suppression of evidence means the judge rejects the use of the evidence in the court because they think that the evidence may be inadmissible due to a violation of the Constitution or other statutes that permit the evidence to be excluded.
Can I write a letter to a judge regarding a case in India?
You can certainly write a letter, but whether the judge will read it or even see it is moot. Judges' correspondence is normally received and opened by staff who hand it to the judge's clerk.
Can you write a complaint about a judge?
You must file your complaint with the appropriate court office, as described in the Rules and any applicable local rules. The Administrative Office of the U.S. Courts will not accept or respond to judicial conduct or disability complaints.
How do you write a letter to a judge against someone?
- Address Your Letter to the Judge. ...
- Establish a Clear Relationship with the Defendant. ...
- Be Truthful. ...
- Be Positive. ...
- Include a Discussion of the Crime. ...
- Do Not Suggest Penalties for the Crime.
Can a judge do business in India?
(13) A Judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person.
Who has more authority than a judge?
Supreme Court Justices
The Supreme Court has appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Learn more about Supreme Court justices.
Who is the boss over a judge?
Lower courts typically answer to higher courts and the highest court (usually the supreme court), does not answer to anyone. The AG's office is a separate branch of government and would have power over judges typically.
How to prove a judge is biased?
To prove judicial bias, you need strong evidence that demonstrates the judges partiality. This evidence should be factual, documented, and relevant to the case.
Can you talk back to a judge?
Under the Judicial Code of Conduct, judges may not permit or consider “ex parte communications” in deciding a case unless expressly allowed by law. This ban helps judges decide cases fairly since their decisions are based only on the evidence and arguments presented to the court and the applicable law.
How do you deal with a difficult judge?
Avoid engaging in confrontational behavior or responding emotionally to their actions. Treat the courtroom as a place of respect and ensure your interactions reflect this demeanor. 2. Thorough Preparation: Adequate preparation is your best defense against difficult judges.
What is unethical behavior for a judge?
Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the judge's office to obtain special treatment for friends or relatives; accepting ...
How NRI can file a case in India?
- An NRI can file a civil suit in India if:
- They have a residence in India.
- The cause of action arises within the jurisdiction of the court where the suit is filed.
- They comply with the procedural requirements of the CPC and any specific laws relevant to the subject matter of the suit.
Can an Indian lawyer fight a case in USA?
Yes, Indian lawyers can practice in the USA, but they must meet specific requirements. This involves passing a state bar exam, with states like New York and California being more flexible for foreign-trained lawyers. Indian lawyers need to complete an LLM from an ABA-accredited law school to qualify.
How can I settle in India from USA?
Get your passport and Visa ready
You should ensure that you have a valid passport that is at least six months from expiry. There are different types of Indian Visas, and the best part is that you can apply online. You will, however, need to visit an Indian embassy or mission for handing over the paperwork.