IPC 16 vs BNS 16
● Retained in BNSDefinition of “Judge”
Section 16 of the Indian Penal Code (IPC), 1860, defines the term “Judge.” According to this section, a “Judge” is not limited to a single person but includes any individual who is officially empowered to give legal decisions in a court of justice.
This definition is crucial because offences like giving false evidence, obstructing justice, or contempt often involve interactions with judges. The law must clearly identify who qualifies as a judge so that judicial authority is properly safeguarded.
For example, a magistrate presiding over a local court, a sessions judge hearing criminal trials, or a High Court or Supreme Court judge all fall under this category. Even a body of persons lawfully empowered to decide cases collectively can be considered a “Judge” under this provision.
The purpose of IPC 16 is to protect judicial officers from offences committed against them and to ensure the authority of courts is respected. By defining “Judge” broadly, the law ensures that judicial power is not restricted to higher courts alone but extends to all legally authorized adjudicators.
This section thus strengthens the foundation of the judicial system by safeguarding those entrusted with delivering justice.
Definition of “Judge” under BNS
Section 16 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the same meaning of “Judge” as given in IPC 16, with slight refinements in wording for modern clarity. It defines a “Judge” as any person who is officially empowered by law to give decisions in a court of justice, either individually or as part of a body of judges.
The definition continues to cover magistrates, district judges, sessions judges, High Court judges, and Supreme Court judges, along with any lawful judicial body. This ensures that the authority of judicial officers at all levels is equally respected and protected under criminal law.
The importance of this section lies in its role in offences such as perjury, obstruction of justice, or contempt of court, where the identity of the judicial authority must be beyond doubt. By including both individual judges and collective judicial bodies, BNS 16 provides comprehensive protection to the justice delivery system.
Though the substance remains unchanged from IPC 16, the BNS version reflects more modernized drafting language, aligning with current legal standards. The continuity of this provision highlights the timeless importance of defining and protecting judicial authority in India.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 16 to BNS BNS 16.