Section 15 of BNS: Act of Judge When Acting Judicially
Section 15 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It provides legal protection for judges performing their duties. It stipulates that no action taken by a judge while exercising judicial power—whether the authority is explicitly granted by law or believed to be granted in good faith—constitutes an offence. This provision underscores the importance of judicial independence and the principle that judges should be free to make decisions without the fear of legal repercussions, ensuring the integrity and functioning of the justice system.
Definition of BNS Section 15
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 and Illustration of Section 15 (Bharatiya Nyaya Sanhita, 2023)
Section 15 of BNS 2024 protects judges against criminal action for any acts performed by them in furtherance of judicial functions. This is an essential provision to sustain the independence of the judiciary and allow judges to perform their duties without apprehension of personal consequences. Here is an explanation for the same :
Judicial Action: The section holds that whatever acts a judge does judicially are not crimes. This includes any exercise of power that the judge thinks, in good faith, the law confers.
Good Faith Belief: Their belief that they are exercising lawful power must be made in good faith. That means as long as judges acted under the genuine impression that they exercised lawful power, they cannot be held liable for a wrong decision.
Judicial independence is being encouraged.
With this protection, Section 15 establishes an environment where the judges can reach independent judgments based on their interpretation of the law thus upholding the rule of law and the integrity of the judicial system.
Example:
A judge makes a decision in a case believing that he has the power to do so under the law. If the decision is subsequently appealed or found to be wrong, the judge cannot be charged with a crime for the decision because it was made within the exercise of his judicial powers and under the belief that he was acting within the scope of the law. This provision reassures the judges that they can do the job without fear of persecution, thereby reinforcing the underpinning principles of justice and the rule of law.
Key Points of BNS 15
Judicial Immunity: Judges are protected from criminal liability for actions performed in their judicial capacity in good faith.
Scope of Immunity:
Differences Between Section 15 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 15 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section of 77), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 15 | Act of Judge when acting judicially. | 77 | No change. |
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FAQs about Section 15 of the Bharatiya Nyaya Sanhita (BNS)
What offense is defined under BNS 15?
BNS Section 15 addresses actions taken by a judge while performing judicial duties, emphasising that such actions are not punishable under criminal law.
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 15 of the BNS?
Section 15 of the BNS is part of Chapter III, which focuses on general exceptions in the Bharatiya Nyaya Sanhita 2023 Act.
What is the importance of Section 15 in the legal framework?
Section 15 is crucial as it protects judges from liability for their judicial decisions, ensuring judicial independence and the integrity of the legal process.
Are there any circumstances under which a judge could be held liable for their actions?
Yes, while Section 15 provides immunity for judicial actions, a judge can still be held liable for acts outside their judicial capacity or for misconduct.
How does Section 15 contribute to the principle of separation of powers?
By protecting judges from legal repercussions for their judicial actions, Section 15 reinforces the principle of separation of powers among the judiciary, executive, and legislative branches.
Can Section 15 be applied to actions taken by judges in administrative capacities?
No, Section 15 specifically applies to actions taken in a judicial context, not to administrative or other non-judicial functions performed by judges.
How does Section 15 ensure the integrity of the judicial system?
Section 15 upholds the integrity of the judicial system by punishing any actions that undermine court authority, ensuring that justice is administered without disruption or interference.
