Section 15 of BNS: Act of Judge When Acting Judicially

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 of Bharatiya Nyaya Sanhita

Section 15 of BNS 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.

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