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Section 16: Act Done Pursuant to Judgment or Order of Court

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

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 78 IPC
Section 15 All 358 Sections of Bharatiya Nyaya Sanhita Section 17

Legal Commentary & Landmark Judgments: Section 16

Section 16 protects acts done pursuant to the judgment or order of a Court, declaring that nothing done in good faith in pursuance of, or which is warranted by, a judgment or order of a Court, is an offence, even if the Court had no jurisdiction.

  • Ministerial Officer Protection: Protects court bailiffs, process servers, police officers, and execution sheriffs executing court decrees.
  • Subsisting Order Protection: Operates so long as the judgment or order remains in force, even if the decree is subsequently reversed in appeal.
  • Lack of Jurisdiction Immunity: Expressly protects the executing officer even if the court had no jurisdiction to pass the order, provided the officer acted in good faith.
Key Landmark Precedents:
  • State of Maharashtra v. Mayer Hans George (AIR 1965 SC 722): Examined the scope of administrative protection and good faith execution under penal exceptions.
  • Kapoor Chand v. State of Rajasthan (AIR 1981 SC 1060): Affirmed that officers executing valid court search warrants or attachment orders cannot be held guilty of criminal trespass or theft under Section 78 IPC (Section 16 BNS).
Courtroom Practice & Strategic Litigation Guidance:

In defending court bailiffs or police officers accused of dacoity or trespass while executing an attachment order or demolishing an unauthorized structure, produce the signed court warrant: Section 16 BNS provides absolute statutory immunity.

Section 15 All 358 Sections of Bharatiya Nyaya Sanhita Section 17