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BNS Section 15

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.


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Key Points  of BNS-15

BNS-15 of the Bharatiya Nyaya Sanhita, 2023 provides a legal safeguard for judges acting within their judicial functions. This provision ensures that judges are protected from criminal liability for their actions when performing their duties in good faith.

1. Judicial Immunity:
 

  • Scope of Immunity: BNS-15 establishes that actions taken by a judge in the course of their judicial duties are not considered offenses under the Sanhita. This immunity applies when the judge acts:
     

    • In the Exercise of Judicial Power: The judge must be acting in their official capacity as a judicial officer.
       

    • In Good Faith: The judge must believe that their actions are within the scope of the powers granted to them by law.
       

2. Acts Done in Good Faith:

 
  • Definition of Good Faith: Good faith implies that the judge genuinely believes their actions are authorized by law. This includes making decisions or taking actions that, while potentially incorrect, are made with honest intentions and within the bounds of their judicial authority.
     

  • Belief in Legal Authority: The judge must act with the belief that their actions are supported by legal authority, whether or not this belief is ultimately correct.
     

3. Legal Protection for Judges:
 

  • Purpose of Protection: This provision protects judges from being prosecuted for their judicial actions, ensuring that they can perform their duties without fear of criminal liability. It encourages impartial and fair decision-making by removing concerns about potential legal repercussions for their judicial acts.
     

  • Judicial Accountability: While BNS-15 provides protection, it does not shield judges from accountability in cases of clear judicial misconduct or corruption. Other mechanisms and legal provisions address such issues separately.
     

Practical Implications:
 

  1. Encourages Judicial Independence:
     

    • Unbiased Decision-Making: By providing immunity for actions taken in good faith, BNS-15 ensures that judges can make decisions based on legal interpretations without worrying about criminal charges for their decisions.
       

  2. Legal Certainty:
     

    • Defining Boundaries: This provision clarifies that acts performed by judges in the course of their duties are not criminal offenses, thus providing a clear boundary between lawful judicial actions and potential criminal behavior.
       

  3. Limits of Protection:
     

    • Good Faith Requirement: The protection under BNS-15 is contingent upon the judge's belief that their actions are legally justified. If it is proven that the judge acted outside their authority or with malice, other legal provisions may apply.
       

Example:
 

  • Judicial Decision: A judge makes a ruling in a complex legal case, interpreting the law as they understand it and applying it to the facts. If the ruling turns out to be incorrect but was made in good faith and with the belief that it was within their legal powers, BNS-15 ensures that the judge cannot be prosecuted for their decision.
     

Conclusion:
 

BNS-15 provides crucial protection for judges, affirming that actions taken by them in their judicial capacity, and based on a good faith belief in their legal authority, are not considered offenses. This safeguard promotes judicial independence and ensures that judges can perform their duties without fear of criminal liability, while still maintaining overall legal accountability through other mechanisms.




Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.


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