IPC 78 vs BNS 78 – Protection for Acts Pursuant to Court Orders
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 78
Act done pursuant to the judgment or order of court
About IPC Section
Section 78 of the Indian Penal Code, 1860, provides protection for individuals who act pursuant to the judgment or order of a court. It ensures that such acts are not considered offenses, provided they are performed in good faith and within the scope of the court’s order.
For example, if a court orders the seizure of property and a person executes the order, he is protected from criminal liability for the act, even if the person whose property is seized later claims it was improper. The key principle is that the act must be carried out under legal authority and in compliance with the court’s directive.
This section safeguards the administration of justice by protecting officers, executors, and others who act in obedience to lawful court orders. It prevents undue harassment or prosecution of individuals performing their duties in accordance with judicial instructions.
Thus, IPC 78 ensures that individuals executing court orders in good faith are shielded from criminal liability, promoting the effective functioning of the judicial system.
Section: BNS 78
Act done pursuant to the judgment or order of court
About BNS Section
Section 78 of the Bharatiya Nyaya Sanhita, 2023, retains the principle of IPC 78, providing protection to persons who act in obedience to a lawful judgment or order of a court.
Under BNS 78:
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Individuals executing court orders in good faith are not liable for any offense arising from their actions.
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The protection applies even if the execution of the order later results in complaints, as long as the act was carried out according to the court’s instruction.
This provision is crucial for maintaining the integrity of the judicial process. Officers, legal executors, or others performing duties under court orders can act without fear of criminal liability, thereby ensuring the smooth enforcement of justice.
BNS 78 mirrors IPC 78 entirely, ensuring that legal safeguards for good-faith compliance with court orders remain intact. This continuity emphasizes fairness and protects individuals performing official duties under judicial authority.