Section 16. Act done pursuant to 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.

Comments

Section 16 of BNS, 2023 gives immunity to a person acting in good faith believing that the court has jurisdiction. The existence of jurisdiction is not necessary for claiming exemption under section 16 of BNS, only the requirement of good faith is essential.  

Corresponding Section

Section 16 of BNS, 2023 corresponds to Section 78 of IPC, 1860.

Comments are written by Jeet Sinha

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