Section 15 of the Bharatiya Nyaya Sanhita (BNS) ensures that a Judge is not held criminally liable for actions taken while performing judicial duties, as long as they are acting within their lawful authority or in good faith believe they have such authority.
Key Provisions:
Judicial Immunity from Criminal Liability
Any action taken by a Judge in the exercise of their judicial powers is not an offense.
This protection applies even if the Judge makes an error, as long as it was done in good faith.
Protection for Actions Taken in Good Faith
If a Judge mistakenly believes that they have the authority to take a certain action, but does so in good faith, they cannot be held criminally liable.
How It Protects:
Ensures judicial independence by allowing Judges to perform their duties without fear of criminal prosecution.
Prevents malicious legal actions against Judges for decisions they make while carrying out their responsibilities.
Encourages good faith decision-making, while still holding Judges accountable through appeals and judicial oversight mechanisms.
Example:
If a Judge issues an arrest warrant believing they have the authority, but it is later found that they did not, the Judge will not be criminally liable as long as the action was taken in good faith.
If a Judge imposes a sentence based on their interpretation of the law, but it is later overturned, they cannot be prosecuted for passing the judgment.
