Introduction of BNS Section 15
BNS Section 15 provides legal protection for judges acting in their official capacity. This section ensures that judges are not held criminally responsible for their actions when they are performing their judicial duties, as long as they are acting in good faith and within the scope of their perceived legal authority.
The Bharatiya Nyaya Sanhita (BNS) Section 15 replaces the old Indian Penal Code (IPC) Section 77.
What is section 15 of BNS ?
BNS Section 15 says that judges are not punished for mistakes made while doing their job, as long as they are trying to act correctly and believe they are following the law. This means judges are protected from criminal charges for their official actions if they are acting in good faith, even if they make an error. However, if a judge acts with bad intentions or does something outside their official duties, this protection doesn’t apply.
BNS Section 15 in Simple Points
Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which, when acting judicially, he in good faith believes to be given to him by law.
(This provision corresponds to IPC Section 77, now modernized under BNS 2023.)
1. Meaning of Section 15
Section 15 protects judges from being held criminally liable for actions taken while performing their judicial duties.
As long as a judge acts in good faith and believes he has the authority under law, his actions will not be considered an offence, even if later it turns out he made an error.
However, if a judge acts maliciously or outside his judicial role, this protection does not apply.
2. Purpose of Section 15
The key objectives are:
- To safeguard judicial independence by protecting judges from fear of criminal charges.
- To allow judges to perform their duties without hesitation.
- To ensure that genuine mistakes in good faith do not result in punishment.
- To maintain the balance between accountability and judicial freedom.
3. Essential Ingredients of Section 15
For this protection to apply:
- The person must be a judge.
- The act must be done while acting judicially.
- The judge must have acted in good faith.
- The judge must have believed he had the legal authority to act.
- The act must not be done with malicious intent.
4. Punishment under BNS Section 15
- Type: No punishment (complete protection).
- Effect: Acts done judicially in good faith are not offences at all.
- Exception: If a judge acts with bad faith, corruption, or outside his powers, he is not protected.
5. Examples of BNS Section 15 in Action
- Example 1 – Wrong Conviction by Error
A judge convicts a person based on evidence he believes to be lawful, but later it is found to be faulty. The judge acted in good faith, so no offence is committed. - Example 2 – Ordering a Search Warrant
A magistrate issues a search warrant under powers he believes the law grants him. Even if later found incorrect, he is protected. - Example 3 – Acting with Malice
If a judge knowingly passes an unlawful order to harass someone, this protection does not apply.
6. Importance of BNS Section 15
- Strengthens judicial confidence: Judges can decide cases without fear of personal liability.
- Protects good faith errors: Law recognizes that judges are human and can make mistakes.
- Maintains accountability: Protection is only for honest judicial acts, not misuse of power.
- Modern relevance: Preserves the principle of IPC Section 77 while aligning with BNS 2023.
Section 15 BNS Overview
1. Judicial Actions
BNS Section 15 applies only to judges while they are performing their official judicial functions. This means any decision, order, or action taken as part of their role in the court is covered under this section. It does not apply to their personal acts outside the courtroom.
2. Good Faith Belief
The law protects judges when they make decisions in good faith—that is, honestly and sincerely believing they are acting within their legal authority. Even if the decision later turns out to be wrong, as long as it was made with honesty and no bad intention, the judge cannot be punished.
3. Exercise of Power
The protection under this section works only when the judge is using powers given to them as part of their judicial duty. For example, issuing warrants, passing judgments, or granting bail. If a judge believes they are lawfully exercising such powers, their actions are protected.
4. Not an Offense
If a judge performs any act while carrying out judicial work in good faith, that act will not be treated as a criminal offense. For example, if a judge wrongfully convicts someone because of a legal error, it cannot be considered a crime as long as the judge acted without malice.
5. Legal Protection
This section ensures that judges can perform their duties fearlessly, without the constant worry of being punished for honest mistakes. The legal system depends on their independence, and this protection helps maintain that independence by shielding them from unnecessary criminal liability.
6. Scope of Authority
The protection applies when judges believe they are acting within the scope of their lawful powers. Even if their understanding of the law is incorrect, as long as they reasonably believed they had the authority, they remain protected.
7. Error in Belief
Sometimes judges may make wrong decisions due to misunderstanding or misinterpreting the law. Section 15 acknowledges this possibility and protects them from punishment for such errors, provided their actions were honest and not driven by corruption or personal gain.
8. Good Faith Requirement
The central requirement of this section is good faith. If a judge acts with malice, bias, or personal interest, the protection does not apply. For example, if a judge deliberately passes a false order to help a friend, this cannot be excused under Section 15.
9. Judicial Capacity
The immunity applies only when the judge is acting in his or her official role as a judge. It does not extend to personal actions or acts done outside the judicial process. For instance, if a judge commits a crime in private life, they will be held responsible like any other citizen.
10. Accountability
While this section provides immunity, it does not give judges unlimited power. They remain accountable if they act with bad intentions, corruption, or gross negligence. This balance ensures that judges are protected for genuine mistakes but can still be punished for misuse of power.
Bharatiya Nyaya Sanhita Section 15
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 15 | Protects judges from criminal liability for acts done in their judicial role, if performed in good faith and under belief of legal authority. | No punishment for judicial acts done honestly in official capacity; protection not available for malicious or extrajudicial acts. | Depends on underlying case, not on this protection | Determined by the substantive offence of the case | Ordinary criminal courts; Sessions for serious cases |
| IPC Section 77 (Old) | Earlier provision giving judges immunity for acts done in judicial capacity, provided they believed in good faith they were acting lawfully. | No criminal liability for official judicial acts carried out with honest intent; not applicable if actions were malicious or beyond jurisdiction. | Depends on underlying IPC offence | Follows the substantive IPC offence | Ordinary criminal courts |
BNS Section 15 FAQs
What does this section protect judges from?
It protects judges from being charged with a crime for mistakes made while doing their job, if they act in good faith.
What if a judge is wrong about their legal powers?
The section still protects them, as long as they honestly believe they are acting within their rights.
Are judges protected if they act with bad intentions?
No, this protection does not cover actions done with bad intentions.
Does this section apply if a judge is doing something personal?
No, it only applies to actions taken as part of their official duties.
Conclusion
BNS Section 15 plays an important role in safeguarding the independence of the judiciary. It ensures that judges are not punished for decisions or actions taken in their judicial role, as long as they act in good faith and within their perceived legal authority. This protection helps judges perform their duties fearlessly, without the constant threat of criminal liability for honest mistakes. However, the law also sets a clear boundary—if a judge acts with malice, corruption, or outside judicial authority, this safeguard will not apply. By modernizing IPC Section 77, BNS Section 15 strengthens trust in the justice system while maintaining accountability and fairness.
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Finished with BNS Section 15? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
Chapter III – General Exceptions
BNS Section 16 — Act done pursuant to the judgment or order of Court
https://marriagesolution.in/bns_section/bns-section-16/
BNS Section 17 — Act done by a person justified, or by mistake of fact believing himself, justified, by law
https://marriagesolution.in/bns_section/bns-section-17/
BNS Section 18 — Accident in doing a lawful act
https://marriagesolution.in/bns_section/bns-section-18/
BNS Section 19 — Act likely to cause harm, but done without criminal intent, and to prevent other harm
https://marriagesolution.in/bns_section/bns-section-19/
BNS Section 20 — Act of a child under seven years of age
https://marriagesolution.in/bns_section/bns-section-20/
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