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

Indian Penal Code, 1860

Section 78 IPC at a Glance

Section 78 IPC deals with act done pursuant to the judgment or order of Court. From 1 July 2024 it is replaced by Section 16 BNS.

Punishment

None. Section 78 IPC creates no offence.

BNS Equivalent

Section 16 →

Section 78 IPC Bare Act Text

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.

Source: Section 78, Indian Penal Code, 1860

Section 78 IPC in Simple Words

Section 78 of the Indian Penal Code (IPC) protects an act done under a Court order.

Nothing is an offence which is done in pursuance of, or which is warranted by, the judgment or order of a Court of Justice, if done while that judgment or order remains in force.

It makes no difference that the Court had no jurisdiction to pass it, provided the person doing the act in good faith believes that the Court had jurisdiction.

Ingredients of Section 78 IPC

  • The act is done in pursuance of, or is warranted by, the judgment or order of a Court of Justice
  • 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 78 IPC

Imprisonment

None. Section 78 IPC creates no offence.

Fine

None.

Section 78 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 78 IPC

In 2018 in Cuttack, a Sessions Court passed a warrant directing police inspector Manoj Mohanty to arrest a merchant, Harish Das, and bring him before the bench. Manoj Mohanty arrested Harish Das in pursuance of that order while the order remained in force. Several weeks later, the High Court quashed the warrant because the Sessions Court lacked territorial jurisdiction to issue it. However, Manoj Mohanty had checked the papers with due care and believed in good faith that the Court of Justice had jurisdiction to pass the order. The act is not an offence because of Section 78 IPC.

When Section 78 IPC Does Not Apply

  • Section 78 IPC does not apply when the act is carried out after the judgment or order of the Court of Justice has expired, been stayed, or been set aside.
  • Section 78 IPC does not apply when the person performs an act that is neither done in pursuance of nor warranted by the Court's judgment or order.
  • Section 78 IPC does not apply when the Court lacked jurisdiction and the person carrying out the order did not in good faith believe that the Court had jurisdiction.

Section 78 IPC in the BNS

Section 78 IPC is now covered under Section 16 BNS.

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

View detailed comparison (IPC 78 vs BNS 16) →

FAQs on Section 78 IPC

What does Section 78 IPC say?▼

That nothing is an offence which is done in pursuance of, or which is warranted by, the judgment or order of a Court of Justice, if done whilst it remains in force.

Under Section 78 IPC, does it matter if the Court had no jurisdiction?▼

Not if the person doing the act in good faith believes that the Court had jurisdiction to pass the judgment or order.

Does Section 78 IPC protect an act done after the order ends?▼

No. The act must be done whilst the judgment or order remains in force.

Is Section 78 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 78 IPC?▼

Section 16 BNS, which says Court where the IPC says Court of Justice.

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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 ·