Bharatiya Nyaya Sanhita, 2023 - Chapter III: General Exceptions

Section 15 BNS: Act of Judge When Acting Judicially

Section 15 of the Bharatiya Nyaya Sanhita, 2023 provides a general exception for an act done by a Judge while acting judicially in exercise of a power that is given by law, or which the Judge in good faith believes to be given by law.

Current legal status: The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023) came into force on July 1, 2024, except for the separately excluded provision in Section 106(2). Section 15 is in force.

Bare Act Text of Section 15 BNS

15. Act of Judge when acting judicially.

Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

Meaning and Scope of Section 15 BNS

Section 15 is part of Chapter III on General Exceptions. Its focus is a judicial act performed by a Judge while exercising judicial power. Where the power is actually conferred by law, the act falls within the statutory exception. The section also covers a Judge who, while acting judicially, in good faith believes that the law gives that power.

Key point: The section is tied to a Judge "acting judicially." It should not be read as a general exemption for every act done by a person who holds judicial office.

Conditions for the Section 15 Exception

Requirement	Meaning under Section 15
The act must be done by a Judge	The statutory protection is framed specifically for a Judge.
The Judge must be acting judicially	The act must be connected with the exercise of judicial functions.
The power is given by law	If the law actually confers the judicial power, an act done in its exercise is covered by the section.
Alternatively, the Judge in good faith believes the power is given by law	The provision also covers a good-faith belief in the existence of the legal power.

Meaning of Good Faith Under Section 2(11) BNS

The phrase "good faith" in Section 15 is defined by Section 2(11) of the BNS. Under that definition, nothing is said to be done or believed in good faith if it is done or believed without due care and attention.

Accordingly, the alternative limb of Section 15 is not satisfied merely because a Judge asserts an honest belief that a power existed. The statutory definition requires due care and attention in forming that belief.

What Does "Acting Judicially" Mean in This Context?

Section 15 itself does not set out a separate detailed definition of the phrase "acting judicially." The provision, however, expressly links the exception to the exercise of judicial power. The relevant inquiry is therefore whether the act was performed in a judicial capacity and in exercise of a power actually given by law or believed in good faith to be given by law.

The BNS definition of "Court" in Section 2(5) is also relevant context. It refers to a Judge empowered by law to act judicially alone, or a body of Judges empowered by law to act judicially as a body, when acting judicially.

Section 15 Is a Specific Criminal-Law Exception

Section 15 states that the protected judicial act is "not an offence." It is therefore a substantive general exception within the BNS. The provision should be applied according to its own conditions and should not be described as an unlimited immunity for conduct unrelated to judicial functions.

Practical effect: Where a Judge is acting judicially and exercises a power given by law, or in good faith believes that the law gives that power, Section 15 excludes criminal liability for the act under the BNS general-exception framework.

Difference Between Section 15 and Section 16 BNS

Provision	Who or what is protected	Core rule
Section 15	A Judge acting judicially	Protects the judicial act where the power exists or is believed in good faith to exist.
Section 16	A person acting pursuant to, or under authority of, a court judgment or order	Protects specified acts done while the judgment or order remains in force, subject to the statutory good-faith condition concerning jurisdiction.

Section 15 BNS in Brief

Section 15 protects a Judge from criminal liability under the BNS for an act done while acting judicially in exercise of a power given by law, or a power that the Judge in good faith believes to be given by law. The phrase "good faith" carries the Section 2(11) requirement of due care and attention, and the exception is confined to judicial acts within the statutory framework.

Section 15 forms part of Chapter III on General Exceptions and should be read with Section 14 on acts done by a person bound by law, Section 16 on acts done pursuant to a judgment or order of Court, Section 17 on acts justified by law, and Section 18 on accident in doing a lawful act.