Bharatiya Nyaya Sanhita, 2023 - Chapter III: General Exceptions

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

Section 16 of the Bharatiya Nyaya Sanhita, 2023 protects an act done in pursuance of, or warranted by, a court judgment or order while that judgment or order remains in force. The protection may apply even where the court lacked jurisdiction, provided the person doing the act in good faith believed that the court had jurisdiction.

Current legal status: The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023) came into force on July 1, 2024, except for the separately excluded provision in Section 106(2). Section 16 is in force.

Bare Act Text of Section 16 BNS

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.

Meaning and Scope of Section 16 BNS

Section 16 is a general exception designed for persons who act under the authority of a court judgment or order. If the act is authorised or warranted by that judgment or order, and the judgment or order is still in force, the act is not an offence within the terms of the section.

The provision also addresses a jurisdictional defect. Even if the court that issued the judgment or order had no jurisdiction, the person carrying out the act may still receive the protection of Section 16 if that person in good faith believed that the court had jurisdiction.

Key point: Section 16 focuses on the person acting under a court judgment or order, not on whether the issuing court ultimately had jurisdiction, provided the statutory good-faith condition is satisfied.

Conditions for the Section 16 Exception

Requirement	Meaning under Section 16
There must be a court judgment or order	The act must be connected with a judgment or order of a Court.
The act must be in pursuance of, or warranted by, that judgment or order	The protection is tied to what the judgment or order directs, authorises or legally warrants.
The judgment or order must remain in force	The act must be done while the judgment or order is operative.
If jurisdiction is absent, good faith is required	The person must in good faith believe that the court had jurisdiction to pass the judgment or order.

Meaning of Good Faith Under Section 2(11) BNS

Section 2(11) of the BNS provides that nothing is said to be done or believed in "good faith" if it is done or believed without due care and attention. This definition is directly relevant where Section 16 is relied upon despite a jurisdictional defect.

The statutory test therefore requires more than a bare assertion of belief. The belief that the court had jurisdiction must be formed with the due care and attention required by Section 2(11).

Judgment or Order Must Remain in Force

Section 16 expressly states that the protected act must be done while the judgment or order remains in force. This condition is central to the provision. The section does not state that an act is protected merely because a judgment or order once existed.

Accordingly, the legal status of the judgment or order at the time of the act is relevant to the operation of the exception.

What If the Court Had No Jurisdiction?

A distinctive feature of Section 16 is that the exception may still apply even where the court lacked jurisdiction to pass the judgment or order. The statutory protection depends in that situation on whether the person doing the act in good faith believed that the court had jurisdiction.

Practical effect: Section 16 protects specified acts carried out under an operative court judgment or order and prevents criminal liability from arising solely because the court is later found to have lacked jurisdiction, where the person acting had the good-faith belief required by the section.

Difference Between Section 15 and Section 16 BNS

Provision	Primary subject	Core protection
Section 15	A Judge acting judicially	Protects the judicial act where the power exists or the Judge in good faith believes the law gives that power.
Section 16	A person acting under a court judgment or order	Protects the act while the judgment or order remains in force, including specified cases where the court lacked jurisdiction.

Section 16 BNS in Brief

Section 16 protects an act done in pursuance of, or warranted by, a court judgment or order while that judgment or order remains in force. Even where the court had no jurisdiction, the section may apply if the person doing the act in good faith believed that the court possessed the necessary jurisdiction. The statutory meaning of good faith requires due care and attention.

Section 16 forms part of Chapter III on General Exceptions and should be read with Section 14 on acts done by a person bound by law, Section 15 on acts of a Judge acting judicially, Section 17 on acts justified by law or by mistake of fact, and Section 18 on accident in doing a lawful act.