IPC 78→BNS 16

IPC 78 to BNS 16: Act done pursuant to the judgment or order of Court

Section 78 IPC (1860) replaced by Section 16 BNS (2023)

View IPC Section 78 →View BNS Section 16 →

IPC 78 to BNS 16 at a Glance

Section 78 IPC (Act done pursuant to the judgment or order of Court) is now Section 16 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 78 to BNS 16?

Section 16 BNS keeps the rule and says Court in place of Court of Justice. Its heading drops the word the.

IPC 78 vs BNS 16: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section7816
OffenceAct done pursuant to the judgment or order of CourtSame
PunishmentNone. Section 78 IPC creates no offence.None. Section 16 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 78 and BNS 16: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 78, IPC 1860

78. Act done pursuant to the judgment or order of Court.—Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice; 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.
BNS 2023 (in force)

Section 16, BNS 2023

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.

Ingredients: IPC 78 vs BNS 16

Under IPC 78
  1. The act is done in pursuance of, or is warranted by, the judgment or order of a Court of Justice
  2. The act is done whilst that judgment or order remains in force
  3. The person doing the act in good faith believes that the Court had jurisdiction to pass the judgment or order
Under BNS 16
  1. The act is done in pursuance of, or is warranted by, the judgment or order of a Court
  2. The act is done whilst that judgment or order remains in force
  3. The person doing the act in good faith believes that the Court had jurisdiction to pass the judgment or order

What IPC 78 to BNS 16 Means for Pending Cases

For Section 78 IPC (now Section 16 BNS): nothing changes in the protection for an act done under a Court order. Section 16 BNS keeps every condition and says Court where the IPC says Court of Justice.

FAQs: IPC 78 to BNS 16

What changed when Section 78 IPC became Section 16 BNS?▼

Only the words Court of Justice, which Section 16 BNS shortens to Court. The conditions stay the same.

Where does Section 78 IPC sit in the BNS?▼

In Section 16 BNS, in Chapter III, General Exceptions. Its heading reads Act done pursuant to judgment or order of Court.

Does Section 78 IPC or Section 16 BNS apply to an act done before 1 July 2024?▼

Section 78 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 78 IPC. Section 16 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·