Section 16 of the Bharatiya Nyaya Sanhita (BNS) provides that any act done in compliance with a court judgment or order is not an offense, even if the court that issued the order lacked jurisdiction, as long as the person carrying out the act believed in good faith that the order was valid.
Key Provisions:
Protection for Acts Done Under Court Orders
If a person acts in accordance with a court judgment or order, they cannot be held criminally liable for that act.
Good Faith Protection Even If the Court Lacked Jurisdiction
Even if the court that issued the order did not have jurisdiction, the person executing the order is not guilty of an offense, provided they believed in good faith that the order was legally valid.
How It Protects:
Ensures legal certainty for individuals acting under court directives.
Prevents undue criminal liability for law enforcement, court officials, or individuals following legal orders.
Protects good faith actions, avoiding punishment for unintentional legal errors.
Example:
If a police officer executes an arrest warrant issued by a court, but later the warrant is found invalid due to jurisdiction issues, the officer is not guilty of wrongful arrest as long as they acted in good faith.
If a government official enforces a court-ordered property seizure, they cannot be prosecuted for wrongful confiscation, even if the court’s order was later overturned.
