BNS Section 16: Act Done Pursuant to Judgment or Order of Court
Section 16 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It addresses the legal implications of actions taken in compliance with a court's judgement or order. This provision stipulates that any act carried out in pursuance of a court order remains free from criminal liability, even if the court may have lacked jurisdiction to issue that order, as long as the individual performing the act genuinely believes, in good faith, that the court had the authority to do so.
By establishing this protection, Section 16 reinforces the principle of adhering to judicial commands and aims to safeguard individuals from legal repercussions when acting upon perceived lawful directives. This section underscores the importance of good faith in ensuring the proper functioning of the judicial system.
Definition of BNS Section 16
Nothing which is done in pursuance of, or which is warranted by the judgement or order of, a Court; if done while such judgement or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgement or order, provided the person doing the act in good faith believes that the Court had such jurisdiction
Explanation and Illustration of Section 16 (Bharatiya Nyaya Sanhita, 2023)
The legal protection for acts done by a person under the compulsion of the judgement or order of any court has been given in section 16 of Bharatiya Nyaya Sanhita (BNS) 2024. This is to strengthen that acts done on the judgement or order issued by any court must be followed; however, these acts are not offences if the judgement or order is issued by the court without any jurisdiction.
Explanation
This section clearly states that nothing that is done in pursuance of an order or warrant issued by a court is to be deemed to be an offence, if such order or warrant is still in force. This exemption would apply irrespective of whether or not the court had any real jurisdiction.
Good Faith Belief: An important feature of this measure is that the person obliged to act by the judicial provision is required to do so in good faith, meaning they actually believe that he or she is entitled to enforce the judicial provision.
Fosters Compliance: Section 16 protects those who act under court orders thereby encouraging obedience to judicial decrees and integrity of the rule of law. It bars people from being subjected to legal sanctions for obeying what they believe is a valid judicial command.
Example:
A court issues an order of property seizure, and based on his belief that it was within the jurisdictional capacity of the court that issued it, an official implements it. Later, one discovers that the court did not have such jurisdiction to issue an order. However, still, no offence can be attached to an official because he did his work in good faith on the belief that what he was doing was actually implementing a valid court order.
This section restates the maxim that the rule of law requires strict obedience to judicial authority but recognises that jurisdictional matters are complicated. It therefore serves as a safety net for persons acting in good faith upon what they believe is a lawful order, and which, consequently, enhances confidence in the judicial process.
Key Points of BNS 16
Differences Between Section 16 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 16 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 78), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 16 | Act done pursuant to the judgement or order of Court | 78 | Words 'Court of Justice' is replaced by ‘Court’. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 16 of the Bharatiya Nyaya Sanhita (BNS)
What offense is defined under BNS 16?
BNS Section 16 addresses actions taken in accordance with a judgement or order issued by a court, indicating that such actions are not punishable under criminal law.
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 16 of the BNS?
Section 16 of the BNS is part of Chapter III, which focuses on general exceptions in the Bharatiya Nyaya Sanhita 2023 Act.
What is the significance of Section 16 in the legal system?
Section 16 is important as it protects individuals from liability when they act in compliance with a court’s decision, promoting adherence to judicial rulings.
Does Section 16 apply to all actions taken under a court order?
Yes, Section 16 applies to any action executed in pursuance of a court judgement or order, provided the action is within the scope of the court's authority.
Are there limitations to the immunity provided by Section 16?
Immunity under Section 16 may not apply if the action taken is unlawful or if it exceeds the boundaries set by the court order.
How does Section 16 relate to the enforcement of court orders?
Section 16 facilitates the enforcement of court orders by ensuring that individuals acting on those orders are not held criminally liable for their compliance.
Under what circumstances can an arrest be made according to Section 16 of the BNS?
An arrest can be made when there is sufficient evidence or reasonable suspicion that the person has committed a criminal offence, or when the individual is likely to abscond or obstruct the investigation.
