Section 77 IPC: Act of Judge when acting judicially

Indian Penal Code, 1860

Section 77 IPC at a Glance

Section 77 IPC deals with act of Judge when acting judicially. From 1 July 2024 it is replaced by Section 15 BNS.

Punishment

None. Section 77 IPC creates no offence.

BNS Equivalent

Section 15 →

Section 77 IPC Bare Act Text

77. 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 77, Indian Penal Code, 1860

Section 77 IPC in Simple Words

Section 77 of the Indian Penal Code (IPC) protects a Judge acting judicially. Nothing is an offence which is done by a Judge when acting 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. Section 19 IPC defines who is a Judge.

Ingredients of Section 77 IPC

  • 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 77 IPC

Imprisonment

None. Section 77 IPC creates no offence.

Fine

None.

Section 77 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 77 IPC

In 2019 in Shimla, Judge Vikram Joshi presided over an insolvency petition during a formal judicial hearing. While acting judicially in that proceeding, he signed an order directing the receiver to lock a debtor's timber godown before final arguments. He did so in the exercise of a power that he believed in good faith was given to him by law after carefully checking the statute. Although a higher tribunal later held that the statute did not grant him that authority, his act is not an offence because of Section 77 IPC.

When Section 77 IPC Does Not Apply

  • Section 77 IPC does not apply when the person who performs the act is not a Judge.
  • Section 77 IPC does not apply when a Judge performs the act in a private or administrative capacity rather than while acting judicially.
  • Section 77 IPC does not apply when the law gives the Judge no such power and the Judge does not in good faith believe that the law confers that power.

Section 77 IPC in the BNS

Section 77 IPC is now covered under Section 15 BNS.

Section 15 BNS keeps the exception in the same words.

View detailed comparison (IPC 77 vs BNS 15) →

FAQs on Section 77 IPC

What does Section 77 IPC say?▼

That 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.

Does Section 77 IPC protect a Judge who is wrong about the power?▼

Yes, where he acts judicially and in good faith believes the power to be given to him by law.

Under Section 77 IPC, who is a Judge for this purpose?▼

Section 19 IPC defines the word Judge in full.

Is Section 77 IPC an offence?▼

No. It is a General Exception in Chapter IV, so an act within it is not an offence.

What is the BNS equivalent of Section 77 IPC?▼

Section 15 BNS, in the same words.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·