IPC 15 vs BNS 15
● Retained in BNSDefinition of “Court of Justice”
Section 15 of the Indian Penal Code (IPC), 1860, defines the term “Court of Justice.” According to this provision, a “Court of Justice” includes a judge who is empowered by law to act alone or a body of judges which is empowered to act judicially.
This section is significant because many provisions of the IPC deal with offences committed against or by judicial authorities. For example, offences such as giving false evidence (perjury), contempt of lawful authority, or obstruction of justice require a clear understanding of what constitutes a “Court of Justice.”
Under this definition, a single judge presiding over a trial, or a bench of judges sitting together in a High Court or Supreme Court, would qualify as a “Court of Justice.” It also extends to magistrates and other judicial officers who are legally empowered to administer justice.
The purpose of Section 15 is to ensure respect for judicial authority and to protect the integrity of court proceedings. It provides a legal basis for punishing acts that interfere with justice, thereby safeguarding the independence of the judiciary and ensuring fairness in the legal process.
Definition of “Court of Justice” under BNS
Section 15 of the Bharatiya Nyaya Sanhita (BNS), 2023, continues the same definition of “Court of Justice” as found in IPC 15, with only minor refinements in wording. It defines “Court of Justice” as a judge empowered by law to act alone, or a body of judges empowered to act judicially.
The essence remains the same: a judicial authority, whether singular or collective, that has the legal power to administer justice, conduct trials, and pronounce judgments. This includes magistrates, district judges, High Courts, and the Supreme Court of India.
By retaining this definition, BNS acknowledges the central role of the judiciary in upholding the rule of law. Offences like perjury, obstruction, or contempt can only be fully understood in relation to what qualifies as a “Court of Justice.”
The BNS version uses updated drafting language for clarity but does not alter the substance. Thus, BNS 15 ensures continuity in how judicial institutions are defined and protected under criminal law.
This consistency reflects the importance of judicial authority and the need to safeguard the justice delivery system from interference, dishonesty, or unlawful conduct.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 15 to BNS BNS 15.