BNS Section 16 – Act Done Pursuant To The Judgment Or Order Of Court

Subsection 16 of the BNS grants legal protection to persons doing acts in pursuance of a judgement or order of the court. It says,

“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.”

This is the equivalent of Section 78 of the Indian Penal Code, 1860. It saves from criminal liability those who act on judicial directions but where the court was not competent, provided the act was in good faith. This permits every individual and the respective authority to work without fear or misapprehension in executing the judicial order with regard to the prosecution.

Simplified Explanation Of BNS Section 16

The criminal law does not punish a person for:

(a) Acts done under a judgment or order of a court, and
(b) If still in force, that judgment or order, and
(c) Although jurisdiction may not have been vested in such court, provided that person really believed in good faith that the court had such jurisdiction.

Features:

• Act in Compliance with Court Orders : The act must be in direct compliance with an order from a government officer.
• Order Must be in Force: The judgement or order must still be valid and active at the time of execution.
• Good Faith Belief: Even if the court’s jurisdiction is later questioned, the person carrying out the order will be protected if they genuinely believed the court had the authority.

This clause acts as a legal shield for government officers, law enforcement, and people who execute court directions so long as they act just ready but not with malafide intention.

Legal Classification Table – BNS Section 16

Practical Examples Illustrating BNS Section 16

• Execution of an arrest warrant: A police officer arrests a person on a warrant issued by a court. It is later determined the court had no jurisdiction in the matter. In all such cases, if the arrest was made in good faith, the officer would be shielded by BNS Section 16.
• Seizure of property: Property seized by a revenue officer in compliance with an order of a civil court. Even with subsequent challenges to the jurisdiction, the officer would be immune from any criminal liability, since the action was done while the order was in force and during a bona fide belief of its legality.
• Compliance with an injunction: The company suspended its operations following an interim injunction ordered by the court. Later, if it was determined that the court had exceeded its jurisdiction, the company would not be incurred criminal liabilities in a good faith operation.

 Key Improvements And Changes: IPC 78 To BNS 16

Though BNS Section 16 retains the basic foundation of IPC Section 78, it introduces positive changes aimed at achieving clarity and modern relevance.

First, para-legal language has been used in the formulation of the BNS so as to obviate the older colonial mode of expression in favor of simplified, precise legal language-the essence being an easy grasp of the provision by legal practitioners or the layman in the street.

In the second place, BNS expressly emphasizes the "good faith." The IPC probably implied the good faith, but the BNS clearly affords protection even if the courts were considered incompetent with such jurisdiction, as long as the individual had a genuinely good belief that the court had jurisdiction.

The extra clarity in interpretation and application of law under BNS Section 16 further strengthens the rule of law in our contemporary time by providing extra protections and relevance, considering procedural innovations and contemporary practices, so that those following judicial instructions are not punished for systemic blunders beyond their control.

Conclusion

BNS Section 16 is meant to be an effective umbrella for the rule of law because it is intended to protect good faith parties who comply with court orders. Be it a police officer executing a warrant or a company complying with an injunction, it ensures that they cannot be subjected to any criminal liability for their actions even if it turns out that the issuing court lacked jurisdiction. Good faith and modernising its language state that it would place judicial authority along with public confidence and procedural fairness in the same frame. It reinforces that when people follow the law and the courts in good conscience, the law stands by them.

Frequently Asked Questions On BNS Section 16

These are some of the commonly repeated questions concerning the meaning and application, as well as legal implications, of BNS Section 16.

Q1: Why was IPC Section 78 amended and replaced by BNS Section 16?

The nomenclature has been made to reflect modern legal practice, ensuring clarity and direct protection for a person complying with a court order. Good faith has been given explicit mention.

Q2: What is the difference between IPC 78 vs. BNS 16?

Similar in essence, BNS 16:

• Uses clearer and modern language
• Places emphasis on the good faith belief
• Is more easily interpretable and relevant to our modern-day legal context

Q3: Is BNS Section 16 an offence, bailable or non-bailable?

It does not create any offence. BNS 16 is a protective clause; therefore, acts that come within its purview are not criminal in nature.

Q4: What is the punishment for offences under BNS 16?

None, as the section grants immunity from criminal liability for any act done lawfully or bona fide, recognised by a court order.

Q5. What kind of fine is imposed under Section 16 of the BNS?

There is no fine. Under BNS Section 16, such acts are exempt from being considered offences, and therefore, no punishment or fine can be inflicted.

Q6. Is it a cognizable offence under BNS Section 16?

No. In fact, this section specifies what is not an offence; thus, the notion of cognizability doesn't come into play.

Q7. What is IPC 78 in BNS 16?

BNS 16 = IPC 78

This is provided under both sections in the same spirit, thereby shielding from criminal liability a person acting under a judicial order bona fide.