Section 16 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 16 of the Bharatiya Nyaya Sanhita (BNS), 2023, is part of Chapter III, titled "General Exceptions," and addresses the legal protection for individuals acting in compliance with a court's judgment or order.([vakilsearch.com][1])
### 📜 Text of Section 16
> **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, 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.([kanoongpt.in][2], [prashantkanha.com][3])
### ⚖️ Key Features
* **Protection for Compliance**: Individuals who act in accordance with a court's judgment or order are not criminally liable, even if the court lacked jurisdiction to issue that order, provided they acted in good faith, believing the court had the authority.([vakilsearch.com][1])
* **Good Faith Requirement**: The person must genuinely believe that the court had jurisdiction to issue the order. This emphasizes the importance of intent and belief in the legal process.([vakilsearch.com][1])
* **Jurisdictional Irrelevance**: The section underscores that the validity of the court's jurisdiction is not a factor in determining liability, as long as the action was taken in good faith.
### 🧭 Significance in the Legal System
Section 16 serves to protect individuals from legal consequences when they act on court orders, thereby promoting adherence to judicial directives and maintaining the integrity of the legal system. It encourages compliance with court orders without the fear of subsequent legal repercussions, fostering trust in the judicial process.([vakilsearch.com][1])
### 🔄 Comparison with Indian Penal Code (IPC)
Section 16 of the BNS is analogous to Section 78 of the Indian Penal Code, 1860, with the primary difference being the replacement of the term "Court of Justice" with "Court." This change reflects a modernization of legal terminology. ([vakilsearch.com][1])
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