Section 38 of AFT Act 2007 - Protection of Action Taken in Good Faith
Section 38 of the Armed Forces Tribunal Act, 2007 protects specified persons and the Central Government from suits, prosecutions and other legal proceedings in respect of acts done in good faith, or intended to be done in good faith, under the Act, any rule or order made under it, in the discharge of official duties.
Updated: September 7, 2026
Section 38 - Protection of action taken in good faith
Statutory text: No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairperson or any other Member or any other person authorised by the Chairperson, for anything which is done in good faith or intended to be done in pursuance of this Act or any rule or order made thereunder in the discharge of official duties.
Who is protected under Section 38?
| Protected person or authority | Coverage under Section 38 |
|---|---|
| Central Government | Protected for qualifying acts done or intended to be done in good faith under the statutory conditions. |
| Chairperson of the Tribunal | Protected where the statutory good-faith and official-duty conditions are satisfied. |
| Any other Member | Protected on the same statutory conditions. |
| Any other person authorised by the Chairperson | Protected where the person acts within the scope contemplated by Section 38. |
What legal proceedings are covered?
Section 38 uses broad procedural language. It refers to a "suit, prosecution or other legal proceeding." The protection is therefore not confined to civil suits alone. However, the bar operates only where the substantive conditions stated in the section are met.
Meaning and importance of "good faith"
The expression "good faith" is central to Section 38. The section is not drafted as an unconditional immunity for every official act. Its protection is tied to conduct done in good faith, or intended to be done in good faith, in pursuance of the Act or a rule or order made under it and in the discharge of official duties.
Acts "done" and "intended to be done"
Section 38 covers not only something actually done but also something intended to be done, provided the other statutory requirements are satisfied. This wording protects qualifying official action at both the completed and intended stages contemplated by the provision.
Relationship with Section 37
Section 37 deals with the public-servant status of the Chairperson, other Members and specified Tribunal officers and employees. Section 38 performs a different function by creating a protection from legal proceedings for the persons and authority expressly named in Section 38 when the good-faith conditions are fulfilled.
Relationship with Section 39
Section 39 provides that the Armed Forces Tribunal Act has effect notwithstanding anything inconsistent with it contained in another law or in an instrument having effect by virtue of another law. Section 38 should be read within that broader statutory structure.
Official legal resources
Related AFT Act provisions
See Section 36 - Proceedings before Tribunal to be judicial proceedings, Section 37 - Members and staff to be public servants, and Section 39 - Act to have overriding effect. The wider statutory structure is available on the Armed Forces Tribunal Act, 2007 page.
This page is an informational presentation of Section 38. Whether the statutory protection applies in a particular dispute depends on the facts, the nature of the act, the existence of good faith, the connection with the Act or a rule or order made under it, and whether the act was in discharge of official duties.