Section 20 IPC - Court of Justice
Section 20 of the Indian Penal Code, 1860 defined the expression "Court of Justice." The definition focused on a Judge, or a body of Judges, legally empowered to act judicially and actually acting in that judicial capacity.
The words "Court of Justice" denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.
Meaning of Court of Justice under Section 20 IPC
Section 20 was a definition provision in Chapter II of the IPC. It did not create an offence or prescribe a punishment. Instead, it supplied the statutory meaning of "Court of Justice" wherever that expression was used in the Code.
The definition covered both a single Judge legally empowered to act judicially and a body of Judges legally empowered to act judicially as a body. The final words of the section are important: the Judge or body must be acting judicially at the relevant time.
Essential Elements of Section 20 IPC
For the statutory definition to apply, Section 20 contemplated:
- a Judge empowered by law to act judicially alone; or
- a body of Judges empowered by law to act judicially as a body; and
- the Judge or body of Judges must actually be acting judicially.
The provision therefore combined legal authority with the character of the function being performed. The official title or office alone was not the entire test.
Acting Judicially
The expression "when such Judge or body of Judges is acting judicially" limits the definition to the exercise of judicial functions. A person who otherwise holds judicial authority does not become a "Court of Justice" for every act performed in every capacity merely because of that office.
This functional feature should be read with Section 19 IPC - Judge. Section 19 defined who could be treated as a Judge for the Code, while Section 20 addressed when a Judge or body of Judges constituted a Court of Justice.
Illustration to Section 20 IPC
Illustration: A Panchayat acting under Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.
The reference to Regulation VII, 1816 is historical. The Regulation was repealed by the Madras Civil Courts Act, 1873 (3 of 1873). The illustration nevertheless remained part of the historical statutory explanation accompanying Section 20.
Related IPC Definitions
The most directly related provision is Section 19 IPC - Judge. Section 20 also connects with Section 21 IPC - Public Servant, which included Judges and officers of a Court of Justice within specified categories of public servants.
These provisions formed part of the IPC's general definitions and explanations and helped determine the meaning of expressions used in substantive provisions elsewhere in the Code.
Legal Position before Bharatiya Nyaya Sanhita 2023
Historical legal position: This article explains Section 20 of the Indian Penal Code, 1860 as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is maintained as an IPC reference for the earlier legal framework and for matters in which the former law remains relevant.
Quick Summary
Section 20 IPC defined a "Court of Justice" as a Judge legally empowered to act judicially alone, or a body of Judges legally empowered to act judicially as a body, while actually acting judicially. The section was interpretative and contained no independent offence or punishment.