BNS Section 15 – Act Of Judge When Acting Judicially

Subsection 15 of BNS grants judges legal immunity with respect to the acts done in their official judicial capacity. It reads:

"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."

This is the counterpart of Section 77 of the Indian Penal Code, 1860. It highlights the importance of judicial independence in such a manner that judges carry on their duties without fearing for personal liability as long as they act in accordance with a power granted to them or under a bona fide belief of being so.

Simplified Explanation Of BNS Section 15

A judge may not be held criminally liable for acts performed:

(a) While performing judicial functions, and

(b) Under powers granted by law or, in good faith, believes to be so granted by law.

Important Features:

• Judicial Capacity: The act must be performed as part of the judge's official duties.
• Legal Power: The act must be within the scope of powers extended to that officer by law.
• Good Faith Belief: Even if that judge is wrong, he will be protected if he honestly believes that he is right.

This clause affords protection to judges who independently decide matters without the liability of any criminal prosecution as long as they work within their jurisdiction or with a good faith belief that they have the jurisdiction.

 Practical Examples Illustrating BNS Section

• Issuing Arrest Warrants: When a judge issues an arrest warrant based on presented evidence, should it later turn out that this was insufficient evidence, the judge is protected by BNS Section 15 due to the belief that he acted judicially and, under good faith, in carrying out that act.
• Sentencing: When a judge convicts some persons based on the law and facts known, he is protected against criminal liability should an appellate court find it to be wrong on appeal because whatever he did was judicially done in good faith.
• Bail Decisions: If a judge decides to refuse bail to an accused, believing he is correct, and if bail is eventually granted to the accused by a higher court, the initial judge would not be criminally liable, since that grant of refusal of bail was made in good faith, using judicial powers.

Improvements And Changes: IPC Section 77 To BNS Section 15

While BNS Section 15 remains rooted in IPC Section 77, improvements have been made for the sake of clarity and contemporary application.

In the first place, the language of BNS is modern, simplified and unambiguous in comparison to the archaic, colonially tainted vernacular of the IPC. In other words, the provision is now equally comprehensible to a layman and legal practitioners alike.

Secondly, BNS Section 15 offers far greater structural clarity. The section is now more intelligible, distilling an unambiguous meaning for practical purposes of enforcement and application.

Another worthy upgrade involves expressly emphasizing that all actions must be taken in good faith. Good faith was presumed under IPC Section 77. However, BNS Section 15 states explicitly that a judge shall not be liable if he acted under the belief that the law accommodated such action, albeit the lack of such technical jurisdiction. Such clarification duly affords greater protection to judicial officers.

More importantly, the refinement thereby, views the application being made much more in line with modern judicial practices and constitutional principles. It certainly strengthens judicial independence-with appropriate checks as to both power and overcoming.

Conclusion

BNS Section 15 acts as a linchpin in the protection of judicial independence by shielding judges from criminal liability for actions taken in their official capacity. A judge enjoys immunity from arrest or prosecution for any acts done in the purported performance of judicial functions if he acted in good faith, although it may be under an erroneous belief as to the nature of his powers. Such immunity is absolutely necessary to obviate any fear or favor of the judges in their decision-making so that they may remain free, fair, and impartial in the eyes of justice and become the guardians of justice and peace in society. Brought up to date so as to be more understandable, BNS Section 15 provides a clearer, modern interpretation of a concept found in the criminal law.

Frequently Asked Questions On BNS Section 15

For clarification on BNS Section 15 and its relationship with the law, answers are given to frequently asked questions about judicial immunity, the law underpinning it, and its contrast with the older IPC provision.

Q1. Why was IPC Section 77 amended and replaced by BNS Section 15?

The revision served to modernize the language of the IPC, align the provision with contemporary legal practices, and provide clearer formulations for the retention of judicial protection.

Q2. What is the contrast between IPC 77 and BNS 15?

The principle is the same; BNS Section 15:

• Is very clearly drafted in modern terms.
• Has laid greater stress on good faith.
• Is more amenable to interpretation by the layman as well as a lawyer.

Q3. Is an offense under BNS 15 bailable or non-bailable?

It does not define an offense. BNS Section 15 act is a protective clause; therefore, the question of it being bailable or non-bailable does not arise, the acts covered under it are not considered criminal in the first place.

Q4. What are the penalties provided for an offense under BNS Section 15?

It provides no penalty for this section. This means it grants freedom from punishment for actions taken judicially and in good faith.

Q5. What penalty is provided under BNS Section 15?

No penalty is provided. The penalty operates as an exception to the imposition of criminal liability, not as a penal provision.

Q6. Is it a cognizable offence or not under BNS Section 15?

Since the section defines what is not an offence, cognizability is nowhere in question. It is a protective clause and not an offence under the Criminal Law.

Q7. What is IPC 77 in BNS 15?

IPC Section 77 and BNS Section 15 both deal with a judge’s exemption from criminal liability for acts done in the course of their judicial duties.