Offences by Departments of the Government
Section 55 of the Disaster Management Act, 2005 deals with offences by Departments of the Government. 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 unless he proves that the offence was committed without his knowledge or The Act came into force on 28 Jul 2006.
(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 unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Section 55, The Disaster Management Act, 2005 (Act 53 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dr M.K. Pushpitha v. State of Karnataka & Anr.
Court's Decision & Legal Precedent
DMA s.53 (misappropriation of disaster-relief money/materials) is non-cognizable; police cannot search/seize/arrest without Magistrate permission under CrPC 155(2) and without first registering FIR—investigation before FIR violates Lalita Kumari and Article 21, so an FIR padding IPC theft/cheating counts onto a pure s.53 vaccine-misuse allegation is quashed, leaving administrative action open.
On this section: s.55 is expressly invoked for the government-servant/department character of the alleged vaccine diversion while preserving administrative remedies.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 55
What have the courts held on Section 55 of the Disaster Management Act?
Dr M.K. Pushpitha v. State of Karnataka & Anr. (04 Aug 2021) is the leading judgment on this section among those set out below: s.55 is expressly invoked for the government-servant/department character of the alleged vaccine diversion while preserving administrative remedies.
How do I find court cases under Section 55 of the Disaster Management Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Disaster Management Act 2005 55, section 55 Disaster Management Act 2005, section 55 of the Disaster Management Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr M.K. Pushpitha v. State of Karnataka & Anr. (04 Aug 2021).
What should I read with Section 55 of the Disaster Management Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 55 of the Disaster Management Act come into force?
Section 55 of the Disaster Management Act, cited as Disaster Management Act 2005 55, came into force on 28 Jul 2006, having been enacted on 23 Dec 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1200 words
- 30. Powers and functions of District Authority861 words
- 6. Powers and functions of National Authority703 words
- 42. National Institute of Disaster Management566 words
- 66. Payment of compensation533 words
- 18. Powers and functions of State Authority473 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.