Section 15 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 15 of the Bharatiya Nyaya Sanhita (BNS), 2023, titled "Act of Judge when acting judicially," provides legal immunity to judges for actions performed in their judicial capacity
Text of Section 15
"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."
Key Aspects
Judicial Immunity: Judges are protected from criminal liability for acts performed within their judicial functions.
Good Faith Belief: Protection extends even if the judge believes, in good faith, that they possess the legal authority to perform the act
Scope of Protection: This immunity applies to actions taken in the exercise of judicial powers, irrespective of whether the judge's belief in their authority is later proven to be incorrect.
Comparison with Indian Penal Code (IPC)
Section 15 of the BNS mirrors Section 77 of the IPC, which provides similar immunity to judges acting judicially. This continuity ensures that judges can perform their duties without fear of personal liability, fostering an independent judiciary.
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