Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions
Section 16: Act done pursuant to judgment or order of Court
In plain words
Acting on a court's judgment or order while it is in force is not an offence. This holds even if the court lacked jurisdiction, as long as the person honestly believed it had jurisdiction.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 16 carries forward section 78 of the IPC: acts done in pursuance of a court's judgment or order while it is in force are protected, even if the court lacked jurisdiction, if the person in good faith believed it had jurisdiction.
Key points
- It protects those who execute court orders.
- The order must be in force, and the act must stay within it.
- Good faith belief in the court's jurisdiction cures a jurisdictional defect.
Common mistakes
- Acting beyond the terms of the order.
Read with: Section 15 BNS, Section 78 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 16
No Supreme Court judgment in our database cites this section yet.