Section 15 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 15 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal protection afforded to judges when performing their judicial duties.
📜 Text of Section 15: Act of Judge When Acting Judicially
"Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law."
🔍 Explanation
Section 15 provides immunity to judges from criminal liability for acts performed in good faith while exercising their judicial functions. This protection ensures that judges can make decisions and take actions necessary for the administration of justice without fear of personal legal repercussions, provided they are acting within their legal authority and in good faith.
⚖️ Comparison with Indian Penal Code (IPC)
Section 15 of the BNS is analogous to Section 77 of the Indian Penal Code (IPC), which states:
"Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law."
Both provisions aim to protect judges from personal liability for actions taken in the course of their judicial duties, reinforcing the independence of the judiciary.
🧭 Purpose and Importance
Judicial Independence: By safeguarding judges from criminal liability for their judicial acts, Section 15 upholds the principle of judicial independence, allowing judges to make decisions without external pressures.
Good Faith Standard: The requirement that judges act in "good faith" ensures that this protection is not abused, maintaining accountability within the judiciary.
Legal Consistency: Aligning with the IPC's provisions ensures consistency in legal protections for judges across different legal frameworks.
In summary, Section 15 of the BNS, 2023, mirrors the IPC's approach to judicial immunity, reinforcing the legal protections for judges while ensuring they act within the bounds of law and good faith.
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