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Section 15: Act of Judge When Acting Judicially

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 77 IPC
Section 14 All 358 Sections of Bharatiya Nyaya Sanhita Section 16

Legal Commentary & Landmark Judgments: Section 15

Section 15 protects Judges when acting judicially, establishing that 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.

  • Absolute Judicial Immunity: Shields presiding judicial officers from criminal complaints and prosecutions for judicial remarks, orders, and decrees.
  • Acting Judicially: The act must be performed in the course of judicial proceedings, not in an administrative or personal capacity.
  • Good Faith Belief of Jurisdiction: Protects judges even if they exceed their legal powers, provided they acted in good faith believing jurisdiction existed.
Key Landmark Precedents:
  • Anowar Hussain v. Ajoy Kumar Mukherjee (AIR 1965 SC 1651): The Supreme Court held that judicial officers are protected under Section 77 IPC (Section 15 BNS) and the Judicial Officers Protection Act, 1850; no criminal action lies for judicial orders passed within supposed jurisdiction.
  • K. Veeraswami v. Union of India (1991) 3 SCC 655: A Constitution Bench affirmed that judicial independence requires complete protection against frivolous criminal harassment for judicial adjudications.
Courtroom Practice & Strategic Litigation Guidance:

If a disgruntled litigant files a private complaint against a magistrate or sessions judge for dismissing a complaint or denying bail, file an immediate quashing petition under Section 528 BNSS citing Section 15 BNS immunity.

Section 14 All 358 Sections of Bharatiya Nyaya Sanhita Section 16