Section 16 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 16 of the Bharatiya Nyaya Sanhita (BNS), 2023: Act Done Pursuant to Judgment or Order of Court
📝 Text of Section 16
"Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction."
⚖️ Explanation
Section 16 of the BNS, 2023, provides a legal safeguard for individuals who act in compliance with a court's judgment or order. Even if the court issuing the order lacks jurisdiction, the person executing the order is not considered to have committed an offence, provided they acted in good faith and believed the court had the authority to issue such an order.(vakilsearch.com)
🔍 Key Points
Protection for Acting on Court Orders: Individuals who perform acts in accordance with a court's judgment or order are protected from criminal liability, even if the court lacked jurisdiction, as long as they acted in good faith.
Good Faith Requirement: The person must genuinely believe that the court had the jurisdiction to issue the order.(
Validity of Court Orders: The protection applies only while the court's judgment or order remains in force.
⚖️ Comparison with Indian Penal Code (IPC)
Section 16 of the BNS, 2023, aligns with Section 78 of the Indian Penal Code, 1860, which provides similar protection for acts done in pursuance of a court's order. However, the BNS specifies that the protection applies even if the court lacked jurisdiction, provided the act was done in good faith.
🧾 Illustrative Example
Scenario: A police officer receives a court order to seize certain property from a business suspected of illegal activities. The officer, acting in good faith, believes the court has the jurisdiction to issue such an order and proceeds to seize the property. Later, it is discovered that the court did not have the proper jurisdiction to issue the order. Despite this, the officer is not held criminally liable for executing the order.
📌 Conclusion
Section 16 of the BNS, 2023, reinforces the principle that individuals should not be penalized for executing lawful court orders, even if the court issuing the order lacked jurisdiction, provided the individual acted in good faith. This provision ensures the effective enforcement of judicial decisions and upholds the integrity of the legal system.
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