Section 15 BNS: Act of Judge when acting judicially
Bharatiya Nyaya Sanhita, 2023
Section 15 BNS at a Glance
Section 15 BNS deals with act of Judge when acting judicially. It replaced Section 77 IPC on 1 July 2024.
None. Section 15 BNS creates no offence.
Section 15 BNS Bare Act Text
15. Act of Judge when acting judicially
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.
Source: Section 15, Bharatiya Nyaya Sanhita, 2023
Section 15 BNS in Simple Words
Section 15 of the Bharatiya Nyaya Sanhita (BNS) protects a Judge when he acts judicially in the exercise of any power which is given to him by law, or which in good faith he believes to be given to him by law. If a Judge passes an order, gives a direction, or takes any step while deciding a matter judicially, that act is not treated as an offence even if he was mistaken about the extent of his power, so long as he acted in good faith. The idea is simple: judges must be free to decide cases without fear of criminal prosecution for bona fide judicial acts.
This protection applies only when the Judge is acting judicially. It does not give blanket immunity for every act done by a person who holds judicial office, such as private or purely administrative acts, or acts done without a good-faith belief in legal authority. In practice, this section preserves judicial independence and prevents criminal cases from being used against judges for their courtroom decisions.
Ingredients of Section 15 BNS
- The act is done by a Judge
- The Judge is acting judicially when he does it
- The act is in the exercise of a power which is given to him by law, or which in good faith he believes to be given to him by law
Punishment Under Section 15 BNS
None. Section 15 BNS creates no offence.
None.
Section 15 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Example of Section 15 BNS
When Section 15 BNS Does Not Apply
- The act is not done by a Judge
- The Judge is not acting judicially when the act is done
- The Judge does not in good faith believe that the law gives him the power
Section 15 BNS in the IPC (Previous Law)
Section 15 BNS replaces Section 77 IPC from the old criminal code.
Section 15 BNS keeps the exception in the same words.
View IPC Section 77 →FAQs on Section 15 BNS
Does Section 15 BNS give complete immunity to a Judge?▼
No. The protection is limited to acts done while acting judicially in the exercise of a power given by law, or which the Judge in good faith believes to be given by law. If the act is personal, administrative, or done without good faith, this section will not help.
Under Section 15 BNS, can a Judge be prosecuted for a wrong order?▼
Not if the Judge was acting judicially in the exercise of a power given by law, or which the Judge in good faith believed was given by law. Remedies against a wrong order lie in appeal or revision, not criminal prosecution.
Under Section 15 BNS, what does 'acting judicially' mean?▼
It means performing duties that require legal judgment, such as hearing parties, weighing evidence, and passing orders. The act must be part of the judicial role, not a private or unrelated act.
Is Section 15 BNS still relevant under the Bharatiya Nyaya Sanhita (BNS), 2023?▼
Yes. Section 15 BNS is in force under the Bharatiya Nyaya Sanhita (BNS), 2023, and continues the protection for a Judge acting judicially in good faith.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·