Indian Criminal Law | Updated 28 October 2026
IPC Section 78 and BNS Section 16: Acts Done Under a Court Order
A person carrying out an act authorised by a court judgment or order may be protected from criminal liability when the order is in force, including where the court lacked jurisdiction, provided the person in good faith believes the court had jurisdiction.
Section 78 IPC: Statutory text
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.
This is a general exception concerning acts performed pursuant to a judicial judgment or order. It protects qualifying conduct by a person acting under the order; it does not make every act connected with court proceedings lawful.
BNS Section 16: Current corresponding provision
Section 16 of the Bharatiya Nyaya Sanhita, 2023, titled "Act done pursuant to the judgment or order of Court", carries forward the rule that an act warranted by a court judgment or order is not an offence while the judgment or order remains in force, subject to the statutory requirement of good-faith belief in the court's jurisdiction where jurisdiction is lacking.
Consult the official BNS text on India Code for the enacted wording.
Essential conditions for the exception
- Judicial judgment or order: The act must be done in pursuance of, or warranted by, a judgment or order of a Court of Justice.
- Order in force: The judgment or order must still be operative when the act is performed. An expired, stayed or set-aside order requires separate examination.
- Within the order: The conduct must be authorised by the order, not an independent or excessive act outside its terms.
- Jurisdiction and good faith: Even if the court lacked jurisdiction, the statutory exception may apply if the person carrying out the act believed in good faith that the court had jurisdiction.
- Facts matter: Whether the statutory conditions are met depends on the actual order, the person's conduct and the circumstances.
Meaning of good faith
For the IPC, Section 52 states that nothing is said to be done or believed in good faith if done or believed without due care and attention. Under the BNS, the definition of good faith in Section 2 likewise requires due care and attention. A merely asserted belief is not necessarily enough; the relevant circumstances and reasonable checks matter.
Practical illustrations
Execution of a valid court warrant
A court officer executing an operative arrest warrant in accordance with its terms is acting pursuant to a judicial order. The statutory exception may protect that authorised act, assuming its requirements are satisfied.
Order issued without jurisdiction
Suppose a court issues an order but is later found to have lacked jurisdiction. A person who acted while the order remained in force and who, with due care and attention, believed the court had jurisdiction may be able to rely on this exception.
Act beyond the order
If an officer uses the existence of a court order as a pretext to do something that the order does not authorise, the excess act is not automatically protected by IPC Section 78 or BNS Section 16.
These are simplified hypothetical illustrations, not conclusions about particular cases.
IPC Section 78 and BNS Section 16 at a glance
| Question | Legal position |
|---|---|
| Former provision | Section 78, Indian Penal Code, 1860 |
| Corresponding current provision | Section 16, Bharatiya Nyaya Sanhita, 2023 |
| Type of protection | General exception for acts warranted by an operative court judgment or order |
| If the court lacked jurisdiction | Good-faith belief in the court's jurisdiction is required |
| When the order ceases to be in force | This provision does not protect later acts merely because the order once existed |
Related legal provisions
IPC Section 77 (corresponding to BNS Section 15) addresses acts of judges while acting judicially. Section 78 IPC and Section 16 BNS instead address acts done pursuant to a court judgment or order, including acts performed by persons implementing the order. IPC Section 76 (BNS Section 14) concerns acts done by persons bound by law or acting under a qualifying mistake of fact.
Frequently asked questions
Which BNS section replaces IPC Section 78?
Section 16 of the Bharatiya Nyaya Sanhita, 2023.
Does the protection apply to any court order?
No. The act must be warranted by the judgment or order, and it must be done while that judgment or order remains in force. Other statutory requirements also apply.
What if the court had no jurisdiction?
The provision expressly contemplates that possibility, but requires the person acting to believe in good faith that the court had jurisdiction.
Does an order excuse excessive or unrelated conduct?
No. Conduct beyond what the judgment or order warrants is not automatically covered by this exception.
Is IPC Section 78 still relevant?
Yes, particularly when analysing conduct before 1 July 2024, subject to applicable repeal, saving and transitional provisions.
Official sources
- India Code: Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023)
- India Code: Central Acts and statutory texts
General legal information only. Whether a defence applies depends on the governing law, the wording and status of the order, and the facts proved in the case.