Code: Section 16 BNS
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 of Section 16 BNS
1. Meaning & Purpose
Section 16 of the Bharatiya Nyaya Sanhita (BNS), 2023, provides legal protection to individuals who carry out acts based on a court’s judgment or order. Even if the court lacked jurisdiction, the act will not be considered an offence, as long as it was done in good faith, believing the court had authority.
2. Key Elements of Section 16 BNS
- The act must be done in pursuance of a court judgment or order.
- The judgment or order must be in force at the time of action.
- Even if the court lacked jurisdiction, the person executing the order is protected.
- The person must act in good faith, believing the court had the necessary jurisdiction.
Illustration & Examples
Example 1: Arrest Under Court Order
A police officer arrests a person based on a court-issued arrest warrant. Later, it is discovered that the court had no jurisdiction to issue the warrant. However, since the officer acted in good faith, believing the order was valid, they cannot be prosecuted.
Example 2: Execution of Property Attachment
A bailiff seizes property under a court order for debt recovery. Later, it turns out the court lacked jurisdiction over the case. Since the bailiff acted as per the order, he will not be held criminally liable.
Example 3: Eviction Order Issued by a Lower Court
A municipal officer evicts a tenant as per a court’s judgment. If a higher court later rules that the lower court lacked jurisdiction, the officer will not be punished, as they acted in good faith.
Common Questions & Answers on Section 16 BNS
1. Can a police officer be prosecuted for carrying out an invalid court order?
No, as long as the officer acted in good faith and followed the order while it was in force, they cannot be held criminally liable.
2. What happens if the person executing the order knew it was invalid?
If a person is aware that the court lacks jurisdiction but still enforces the order, they may be held liable. Good faith is a necessary condition for protection under Section 16.
3. Does Section 16 protect Judges?
No, this section only protects individuals executing court orders. Judges are covered under Section 15 BNS.
4. Can a court’s order be challenged even if it is executed?
Yes, an order can still be challenged in a higher court. However, until the order is revoked or overturned, actions taken under it remain protected.
5. How does this section ensure justice?
It ensures that officials and individuals following court orders are not unfairly punished, while also allowing higher courts to correct jurisdictional errors.
Conclusion
Section 16 BNS is vital in ensuring that orders of a court are respected, while also protecting individuals who act in good faith while executing them. However, it does not protect those who knowingly enforce an invalid or illegal order.
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