Section 16 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 16, Bharatiya Nyaya Sanhita (BNS), 2023
Act Done Pursuant to Judgment or Order of Court
1. Textual Meaning of Section 16 (Simplified)
Section 16 of the Bharatiya Nyaya Sanhita, 2023 provides that:
An act done in pursuance of, or warranted by, the judgment or order of a Court is not an offence, as long as the judgment or order remains in force, even if the Court lacked jurisdiction, provided that the person doing the act believed in good faith that the Court had such jurisdiction.
2. Nature and Scope of Section 16
Section 16 falls under Chapter III – General Exceptions of the BNS.
It grants legal protection (immunity) from criminal liability.
This section is based on the principle that obedience to judicial authority should not be punished.
This provision corresponds to Section 78 of the Indian Penal Code, 1860, with substantially the same intent.
3. Essential Ingredients of Section 16
For Section 16 to apply, the following conditions must be satisfied:
(a) Existence of a Judgment or Order of a Court
There must be a formal judgment or order passed by a court of law.
The act must be directly connected to that order.
(b) Act Done in Pursuance of the Order
The person must act strictly within the scope of the court order.
Any act exceeding or going beyond the order is not protected.
(c) Order Must Be in Force
The judgment or order must be operative at the time of the act.
If the order has been stayed, quashed, or expired, protection is not available.
(d) Lack of Jurisdiction Is Not Fatal
Even if the court later turns out to have no jurisdiction, the act remains protected.
The focus is on the belief of the person, not on the actual legality of jurisdiction.
(e) Good Faith Belief
The person must have acted in good faith, believing that the court had authority.
Good faith means honesty of intention, without negligence or malice.
4. Rationale Behind Section 16
The object of Section 16 is to:
Maintain respect for judicial orders
Prevent chaos and uncertainty if individuals are punished for obeying courts
Protect public officials and private individuals acting under court directions
Promote rule of law and judicial discipline
Without such protection, people would hesitate to comply with court orders, fearing criminal prosecution later.
5. Illustrations for Better Understanding
Illustration 1: Police Officer Executing Warrant
A police officer arrests a person based on a warrant issued by a court. Later, the court is found to lack jurisdiction.
➡ The officer is protected under Section 16 if he acted honestly and believed the court had authority.
Illustration 2: Court-Ordered Demolition
A municipal officer demolishes a structure as per a court’s order. The order is later set aside.
➡ The officer is not criminally liable if the order was valid at the time and he acted in good faith.
Illustration 3: Acting Beyond the Order
If a person damages property not mentioned in the court order, claiming protection under Section 16:
➡ Protection will not apply, as the act exceeded the order.
Illustration 4: Absence of Good Faith
If a person knows the order is fake, illegal, or obtained by fraud, and still acts on it:
➡ Section 16 protection is not available due to lack of good faith.
6. Judicial Principles (Based on IPC Interpretation)
Courts have consistently held that:
Obedience to a court order is a legal duty
Criminal liability does not arise when the act is done under judicial authority
The mental element (good faith) is crucial
Protection applies to both public servants and private individuals
These principles continue to apply under BNS.
7. Difference Between Section 15 and Section 16 BNS
| Section | Applies To | Nature of Protection |
|---|---|---|
| Section 15 | Judges acting judicially | Protection for judicial acts |
| Section 16 | Any person obeying court orders | Protection for compliance with orders |
8. Conclusion
Section 16 of the Bharatiya Nyaya Sanhita, 2023 is an important general exception that protects individuals from criminal prosecution when they act:
✔ In compliance with a court order
✔ While the order is in force
✔ With an honest belief in the court’s authority
It reinforces judicial authority, legal certainty, and fairness in criminal law.
RELATED Blog
comments