What Is BNS Section 16?

Bharatiya Nyaya Sanhita, 2023 - Section 16: Act done pursuant to judgment or order of Court.

BNS Section 16: Act done pursuant to judgment or order of Court.

• 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, not 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.

Brief Detail

Section 16 of the BNS Act provides that an act done in compliance with or authorized by a court’s judgment or order is not considered an offence, even if the court lacked jurisdiction to issue such judgment or order. This protection applies as long as the act was done while the judgment or order was still in force and the person performing the act did so in good faith, believing that the court had proper jurisdiction.

Question & Answers

• What does BNS Section 16 state about acts done pursuant to a court's judgment or order?
  It states that an act done in pursuance of, or warranted by a court’s judgment or order is not an offence, even if the court had no jurisdiction, provided the act was done in good faith and while the judgment or order was in force.
• Is an act considered an offence if it was performed based on a court order that was later found to be beyond the court's jurisdiction?
  No, the act is not considered an offence if it was performed in good faith while the judgment or order was still in force, even if the court later lacked jurisdiction.
• What is required for the protection under Section 16 to apply?
  The act must be done in good faith and while the judgment or order is in force, even if the court may have lacked jurisdiction.

Example

If a court issues an order to seize certain property and a person carries out this order, the act of seizure is not considered an offence under Section 16, even if it is later found that the court did not have the jurisdiction to issue the order, as long as the person acted in good faith and the order was still valid at the time of action.