Section 87 Land Acquisition Act 2013 - Offences by Government Departments
Section 87 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 deals with criminal liability where an offence under the Act is committed by a Government department.
What Section 87 provides
Section 87 appears in Chapter XII, titled "Offences and Penalties". It creates a statutory rule for fixing responsibility when a department of the Government commits an offence under the Act. The provision addresses both the head of the department and, in specified circumstances, another responsible officer.
Section 87(1) - Liability of the head of the department
Section 87(1): Where an offence under this Act has been committed by any department of the Government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
The proviso protects a person from punishment where that person proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.
The provision therefore places deemed responsibility on the head of the Government department, but it also expressly provides a statutory defence based on absence of knowledge or the exercise of due diligence.
Section 87(2) - Liability of another Government officer
Section 87(2): Notwithstanding sub-section (1), where an offence under the Act has been committed by a Government department and it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of, an officer other than the head of the department, that officer is also deemed guilty and may be proceeded against and punished accordingly.
Sub-section (2) is directed at an officer other than the departmental head. Liability under this part depends on proof connecting the officer with the offence through consent, connivance or neglect.
Key legal elements of Section 87
- Underlying offence: An offence must have been committed under the 2013 Act by a Government department.
- Head of department: Sub-section (1) deems the head of the department guilty, subject to the statutory defence stated in the proviso.
- Defence: The person may avoid punishment by proving lack of knowledge or due diligence to prevent the offence.
- Other officers: An officer other than the head may be liable where consent, connivance or neglect is proved under sub-section (2).
- Additional liability: Sub-section (2) begins with a non-obstante expression and operates notwithstanding sub-section (1).
Meaning of important expressions
Due diligence
For Section 87(1), due diligence refers to reasonable preventive care and steps taken to avoid commission of the offence. Whether sufficient diligence was exercised depends on the facts and evidence of the particular case.
Consent, connivance and neglect
Section 87(2) uses these expressions to identify personal involvement or responsibility of an officer other than the departmental head. The statutory text requires the relevant consent, connivance or neglect to be proved before the deeming provision applies to that officer.
Related provisions in Chapter XII
Section 87 should be read with the surrounding offence and prosecution provisions. Section 84 concerns punishment for false information and mala fide action; Section 85 concerns contravention of the Act; and Section 86 deals with offences by companies.
The procedural provisions that follow include Section 88 on cognizance by court and Section 89 on non-cognizable offences, together with Section 90 on complaints by specified persons.
Official text and status of the Act
The central legislation is Act No. 30 of 2013, enacted on 26 September 2013 and brought into force on 1 January 2014. For the current central text, amendments, rules and notifications, refer to the official India Code and Department of Land Resources resources linked in the sidebar.