Section 16 Bharatiya Nyaya Sanhita (BNS)

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

Section 16

Article 16 of the BNS conduct states that a conduct performed in accordance with or allowed by the court order or judgment is not considered an offense even when the court does not have the jurisdiction to give the judgment or make the order. Such protection applies only to the actions that are performed on the decision or order, which was still in force, and the person believed that he/she was entitled to act because the court has the jurisdiction over the issue.

Example

The act of seizing is not considered unlawful in case the said individual fulfilled the requirements of law and acted during the time of an effective order. Manitoba, Section 16. For instance if one follows the court’s order to take possession of an asset and later it emerges that the court did not have jurisdiction to issue such orders the acts of seizing will not be considered unlawful due to jurisdiction.

Relation Between Section 16 of BNS and Section 78 of IPC

Bhartiya Nyaya Sanhita, 2023

Indian Penal Code, 1860 (corresponding section)

Section 16Nothing 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.

IPC 78. Act done pursuant to the 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, 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.

People Also Read: What are the Punishments is given When There’s Doubt About the Offence

Important Pointers of BNS Section 16 

Protection for Good Faith Actions

Section BNS protects the framing of the persons who obey the order of the court but for which the court had no authority to issue such an order, in as much as they had good intentions doing so. Such an enactment gives faith to the people in the administration of justice.

Importance of Good Faith 

In order for one to be shielded from criminal responsibility, it must be demonstrated that the person sincerely or honestly held the belief that the court was competent to make the order. The person should never have had the intent or motivation to commit an offense.

Protection While the Order is Active

The defense applies to the period the order of the court is in force. They can still be ok if while that court order was active, they acted on the order even if the order has been quashed afterwards, as they acted in good faith.

Criminal vs. Civil Responsibility 

This part alleviates the threat of prosecution, but does not preclude anyone from being held liable for damage in a civil case.

Mistakes in Court Authority 

However, when a court order is found to have been issued without proper authority, it is argued that the defendant or individual who acted would have followed the order of a court in good faith and should not be prosecuted. This indicates that the individual had faith in the power of the court.

Legal Protection & Acts Done Under Court Orders

1. Protection from Legal Offense

If you follow a court’s judgment or order, your actions are not considered a crime, even if the court didn’t actually have the legal authority (jurisdiction) to issue that order.

2. Good Faith Requirement 

Regardless of whether a party believes there is a court order that permits them to do so, he or she will not be criminally charged for any act carrying the tone of a crime, if, in fact, he or she was merely obeying a judgment of a court or its order. 

3. Judgment or Order in Force 

Such honor has a caution of limit. Good faith means unaware to the fact that court has no jurisdiction must be visible. 

4. No Jurisdiction, No Problem (in Good Faith) 

Under no circumstances will anyone be subjected to any risk of criminal liability for any actions taken by anyone while in compliance with the referred court order, should it later on happen that the court lacked jurisdiction, but anyone sincerely believed that it did and complied with the order. 

5. No Criminal Liability 

It is not criminal when such honest performance occurs in accordance with the provisions of a judgment or other order of the court.

6. Limitations 

This coverage does not protect individuals from delict. The person who has committed the same infringement can be made to pay damages in the civil courts without being charged in a criminal court.

7. Example of Protection 

As an example, he can suffer only civil liability and no criminal repercussions should he arrest a person as per a court order later discovered to have been issued without the court’s jurisdiction.

8. Belief in Authority 

The central issue is that, in the course of such action, the person held the belief that the relevant court had power to give that order, not with standing the fact that it did not.  

9. Active Orders Only 

Maby cannot take advantage of the injunction since it has been cancel. 

10. Acting Beyond the Order 

Once a person goes out of limits of the court then that individual may not be able to benefit from the safe harbor provision.

Aspect	Details
Definition	If you follow a court’s order, you won’t get in trouble, even if the court wasn’t allowed to give that order, as long as you honestly believed the court had the right to issue it.
Offense	There is no offense if you act under a Court’s order in good faith.
Punishment	In case of following orders of good faith, there is no criminal punishment. You, however, can still be pursued for damages in a civil court.

Frequently Asked Questions on Section 16 Bharatiya Nyaya Sanhita (BNS)

Q1. What is Section 16 of the Bharatiya Nyaya Sanhita (BNS)?

Ans1. Section 16 of BNS extends its protection to both judgments and orders issued by a court, but even if the lower court lacked jurisdiction to make such orders or judgments. The protection applies when the person acts in good faith under the assumption that the court has jurisdiction.

Q2. Does Section 16 of BNS protect actions done under court orders without jurisdiction?

Ans2. Yes, Section 16 offers some measure of protection to persons who take active steps in pursuance of a court order, even in cases where the court lacked jurisdiction, in so far as that person acted in good faith in the belief that the court had the power to make that order.

Q3. How does good faith impact protection under BNS Section 16?

Ans3. Good faith is a key factor under Section 16 of BNS. In order for a person to be indemnified from any criminal consequences as a result of their conduct, it is essential that this person believes the tribunal possessed jurisdiction to make such a direction.

Q4. What is the key difference between criminal and civil liability under Section 16 BNS?

Ans4. Section 16 does provide a defence that excludes criminal liability for persons who undertake actions based on the orders of courts, however, this section does not provide a relief from the civil liability. They may lessen the pain of civil actions for relief from those painful violations. does not protect them from civil liability. They could still face civil lawsuits for damages.

Q5. Can a person be punished for actions taken under a court’s order that was later overturned?

Ans5. No, it is not punishable, as long as the individual took appropriate measures in good faith within the parameters set forth in the legitimate order which was afterwards quashed.

Q6. Does Section 16 BNS apply if a court order is no longer active?

Ans6. No, Section 16 protection only applies while the court’s order is current. Once an order is set aside or declared invalid, then actions taken after that are not protected.

Q7. What is the difference between Section 16 of BNS and Section 78 of IPC?

Ans7. The core idea of Section 16 in BNS is also represented in Section 78 of the IPC, both declaring that no offence is committed for any act done in good faith in pursuance of a court’s order, though the order may not be within the scope of the authority of the Court to make.

Q8. What happens if a court order is found to be without proper authority?

Ans8. Subsection 16 of BNS states that in case a court order is later determined to be made without jurisdiction, all those who acted pursuant to that court order and in good faith will not incur any criminal liability.

Q9. Can Section 16 BNS protect a police officer following a faulty court order?

Ans9. Yes, a police officer following a court order in good faith would be protected under Section 16 of BNS, even if it is later found that the court lacked jurisdiction to issue that order.

Q10. What is an example of protection under Section 16 of BNS?

Ans10. An example is when a person seizes property based on a court order, believing the court had the authority. Even if the court didn’t have jurisdiction, their action is protected from criminal charges under Section 16 BNS, as long as they acted in good faith.

Q11.What was the old IPC code for Section 16 of BNS 2023?

Ans11. In the Indian Penal Code, act pursuant to judgement was covered in Section 78.