Law4u - Made in India

What Is BNS Section 16?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section 16: Act done pursuant to judgment or order of Court.

BNS 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, not 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.

Brief Detail

Section 16 of the BNS Act provides that an act done in compliance with or authorized by a court’s judgment or order is not considered an offence, even if the court lacked jurisdiction to issue such judgment or order. This protection applies as long as the act was done while the judgment or order was still in force and the person performing the act did so in good faith, believing that the court had proper jurisdiction.

Question & Answers

  • What does BNS Section 16 state about acts done pursuant to a court's judgment or order?
    It states that an act done in pursuance of, or warranted by a court’s judgment or order is not an offence, even if the court had no jurisdiction, provided the act was done in good faith and while the judgment or order was in force.
  • Is an act considered an offence if it was performed based on a court order that was later found to be beyond the court's jurisdiction?
    No, the act is not considered an offence if it was performed in good faith while the judgment or order was still in force, even if the court later lacked jurisdiction.
  • What is required for the protection under Section 16 to apply?
    The act must be done in good faith and while the judgment or order is in force, even if the court may have lacked jurisdiction.

Example

If a court issues an order to seize certain property and a person carries out this order, the act of seizure is not considered an offence under Section 16, even if it is later found that the court did not have the jurisdiction to issue the order, as long as the person acted in good faith and the order was still valid at the time of action.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Pankaj Kumar

Advocate Pankaj Kumar

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate

Get Advice
Advocate M Surendran

Advocate M Surendran

Criminal, Cyber Crime, High Court, R.T.I, Supreme Court

Get Advice
Advocate Nilanchal Mohanty

Advocate Nilanchal Mohanty

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Documentation, Family, High Court, Labour & Service, Motor Accident, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Kunal Mehta

Advocate Kunal Mehta

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Court Marriage,Criminal,Cyber Crime,Divorce,GST,High Court

Get Advice
Advocate Pravin Sondkar

Advocate Pravin Sondkar

Documentation, Banking & Finance, Cheque Bounce, Family, Property

Get Advice
Advocate Sandeep Gupta

Advocate Sandeep Gupta

Family, Domestic Violence, Criminal, Anticipatory Bail, Arbitration, Child Custody, Court Marriage, Cheque Bounce, Consumer Court, Motor Accident, Muslim Law

Get Advice
Advocate Arpan Kumar

Advocate Arpan Kumar

Cheque Bounce, Anticipatory Bail, Arbitration, Breach of Contract, Banking & Finance, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, High Court, NCLT, Property, Motor Accident, R.T.I, Labour & Service, Insurance, Supreme Court, Trademark & Copyright, Tax, Bankruptcy & Insolvency, Family, Landlord & Tenant, Medical Negligence, Muslim Law, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Vignesh Kumar

Advocate Vignesh Kumar

Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Civil, Criminal, Cyber Crime, Family, High Court, Landlord & Tenant, Motor Accident

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.