Definition
A general exception under Section 15 BNS under which no act is an offence if it is done in pursuance of, and in conformity with, the judgment or order of a court of justice — even if the judgment is subsequently overturned.
Section 15 BNS 2023 (formerly Section 77 IPC) protects persons who act pursuant to a judicial order. A sheriff who executes a valid death sentence, a bailiff who levies execution on a court decree, a police officer who arrests under a warrant — none of these persons commit an offence even if the underlying order is later found to be erroneous. The maxim 'actus curiae neminem gravabit' (an act of the court shall prejudice no one) supports this: a party acting in good faith on a court order cannot be penalised for the court's error. However, the protection requires that: (a) the act be done in good faith; (b) in conformity with the order; and (c) the court had jurisdiction to make the order (not a court acting beyond its jurisdiction — a void ab initio order gives no protection).
Statutory Definition
Section 15, Bharatiya Nyaya Sanhita (BNS), 2023 (formerly Section 77 IPC): '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.' Section 16 BNS (formerly Section 78 IPC): 'Nothing is an offence which is done in pursuance of, and in conformity with, the order or sentence of a Court of Justice, if the person doing it in good faith believes that the Court had jurisdiction to pass such order or sentence, although it may have had no such jurisdiction.'
Etymology & Origin
The Latin maxim 'actus curiae neminem gravabit' (an act of the court shall prejudice no one) expresses the principle that a party acting under judicial direction is protected — because holding them liable for the court's errors would be fundamentally unjust.
Full Legal Analysis
Act Done by Order of Court: Protected Execution of Judicial Command
The legal system depends on people carrying out court orders. If a sheriff executing a warrant, a bailiff enforcing an attachment, or a prison official carrying out a sentence of imprisonment could be prosecuted for doing so — even when the underlying order later turns out to be wrong — no one would be willing to execute judicial orders. Section 15-16 BNS protects those who act in good faith under judicial authority from criminal liability for that act.
Two Distinct Provisions: Sections 15 and 16 BNS
(a) Section 15 BNS — Judge acting judicially: A judge (or judicial officer) exercising judicial power in good faith is not guilty of an offence even if the exercise of power was in error or beyond jurisdiction. The judge must be acting in a judicial capacity — not as an administrator. (b) Section 16 BNS — Person acting on court's order: A private person (sheriff, bailiff, executioner, prison officer) who acts in conformity with a court order in good faith is not guilty of an offence, even if the court had no jurisdiction to make the order. The good faith requirement means: the person must have genuinely believed the court had jurisdiction — willful blindness or actual knowledge of the order's invalidity removes the protection.
Limits of the Protection
(a) The order must be from a recognised court of justice — not from an administrative body, a person impersonating a court, or a non-judicial tribunal. (b) The act must be in conformity with the order — exceeding the order's scope is not protected. (c) Good faith is essential — a person who knows the order is void cannot claim protection by 'following orders.'
“The law cannot demand that every person who receives a court order independently verify its legality before complying. Such a requirement would undermine the entire system of judicial authority. Instead, the law protects good-faith compliance and punishes those who issue invalid orders — not those who follow them in good faith.”
This Term in Indian Statutes
Bharatiya Nyaya Sanhita, 2023, 2023
"Nothing is an offence which is done in pursuance of, and in conformity with, the order or sentence of a Court of Justice, if the person doing it in good faith believes that the Court had jurisdiction to pass such order or sentence, although it may have had no such jurisdiction."
Act done pursuant to court order: protected if done in good faith in conformity with the order — even if court lacked jurisdiction
