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
Judicial Actions: Judges are protected from being considered criminals for actions taken while performing their official duties.
Good Faith Belief: As long as judges act with the honest belief that they are using lawful powers, their actions are not treated as offenses.
Legal Authority: The protection applies whether the judge is actually within their legal rights or merely believes they are.
No Malice: The section does not cover actions taken with bad intentions or outside judicial duties.
Official Capacity: The protection is valid only for actions done in the judge’s official role, not for personal or unofficial acts.
Section 15 BNS Overview
BNS Section 15 says that judges will not be punished for mistakes made while doing their job, as long as they are acting in good faith and believe they are following the law. However, if a judge acts with bad intentions or outside their official duties, this protection does not apply.
Act of Judge When Acting Judicially
Judicial Actions: This section applies specifically to actions taken by judges in their official judicial role.
Good Faith Belief: A judge is protected if they act based on a belief that they are exercising lawful authority, even if the belief is mistaken.
Exercise of Power: The judge must be acting in the course of their judicial duties, using powers they believe to be legally granted.
Not an Offense: Actions taken by a judge within this context are not considered criminal offenses, as long as they are performed in good faith.
Legal Protection: This section ensures judges are not penalized for actions taken while fulfilling their judicial functions, assuming no malicious intent.
Scope of Authority: The protection is based on the judge’s belief that they are acting within the legal scope of their authority.
Error in Belief: Even if a judge’s belief about their powers is incorrect, as long as it is made in good faith, it does not constitute an offense.
Good Faith Requirement: The protection under this section is contingent on the judge’s good faith in believing they are acting lawfully.
Judicial Capacity: The protection is valid only when the judge is acting within their official judicial role, not in personal or extrajudicial matters.
Accountability: While this section provides protection, it does not cover actions taken with ill intent or gross negligence.
Bharatiya Nyaya Sanhita Section 15
Aspect | Details |
---|---|
Definition | Judges are protected from criminal charges for mistakes made while doing their job if they act in good faith. |
Offense | No offense for judges acting in their official role if they believe they are acting legally. Not protected for bad intentions or non-official actions. |
Punishment | No punishment for honest mistakes in judicial duties. Not protected if acting with bad intentions or outside their role. |
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.
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