Section 16 BNS: Act done pursuant to judgment or order of Court

Bharatiya Nyaya Sanhita, 2023

Section 16 BNS at a Glance

Section 16 BNS deals with act done pursuant to judgment or order of Court. It replaced Section 78 IPC on 1 July 2024.

Punishment

None. Section 16 BNS creates no offence.

IPC Equivalent

Section 78 →

Section 16 BNS Bare Act Text

16. 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; 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.

Source: Section 16, Bharatiya Nyaya Sanhita, 2023

Section 16 BNS in Simple Words

Section 16 of the Bharatiya Nyaya Sanhita (BNS) protects a person who does an act in pursuance of, or warranted by, the judgment or order of a Court while that judgment or order remains in force. The idea is simple: carrying out a subsisting court order should not expose a person to criminal liability.

This section applies to court officers, police officers, and others who carry out a court's direction, such as a bailiff, process server, or police officer executing a warrant or attachment order. The protection applies even if the Court actually had no jurisdiction to pass the judgment or order, provided the person doing the act believes in good faith that the Court had such jurisdiction.

The protection is not unlimited. The judgment or order must still be in force at the time of the act, the act must stay within what the judgment or order warrants, and the person must hold a good-faith belief in the Court's jurisdiction.

Ingredients of Section 16 BNS

  • The act is done in pursuance of, or is warranted by, the judgment or order of a Court
  • The act is done whilst that judgment or order remains in force
  • The person doing the act in good faith believes that the Court had jurisdiction to pass the judgment or order

Punishment Under Section 16 BNS

Imprisonment

None. Section 16 BNS creates no offence.

Fine

None.

Section 16 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 16 BNS

In Nashik, a civil court orders the bailiff, Ramesh Patil, to attach a tractor in a money dispute. He attaches it while the order is in force. The order is later set aside because the court had no jurisdiction over the dispute. Ramesh believed in good faith that the court had jurisdiction, so under Section 16 BNS what he did under the order is not an offence.

When Section 16 BNS Does Not Apply

  • The judgment or order has ceased to be in force when the act is done
  • The act goes beyond what the judgment or order warrants
  • The person doing the act does not in good faith believe that the Court had jurisdiction

Section 16 BNS in the IPC (Previous Law)

Section 16 BNS replaces Section 78 IPC from the old criminal code.

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

View IPC Section 78 →

FAQs on Section 16 BNS

Does Section 16 BNS give complete immunity for any act done under a court order?▼

No. The protection applies only when the act is done in pursuance of, or warranted by, a judgment or order of a Court while it remains in force, and the person doing the act believes in good faith that the Court had jurisdiction. If a person goes beyond the order or acts after it has ceased to be in force, the protection does not apply.

Can a police officer rely on Section 16 BNS?▼

Yes, if the police officer acts under a court's judgment or order while it remains in force, such as executing a warrant, and in good faith believes the court had jurisdiction. The officer must stay within what the order warrants.

Under Section 16 BNS, what if the court order later turns out to be wrong?▼

Section 16 BNS still protects the person who carried out the judgment or order while it was in force, even if the Court had no jurisdiction to pass it, provided the person believed in good faith that the Court had jurisdiction.

Is there any punishment under Section 16 BNS?▼

No. This is a protective provision, not an offence provision. It says that an act done in pursuance of a subsisting court judgment or order is not an offence.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·