BNS SECTION 15 – ACT JUDGE WHEN ACTING JUDICIALLY
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: A Judge is not criminally liable for any act done while performing his judicial duties, if he acts either within his legal authority or in good faith believing that he has such authority under the law. This section protects judicial officers who act honestly and without malice, even if later it turns out that they exceeded their jurisdiction. Example: A Magistrate passes an order of arrest believing in good faith that the person is liable to be arrested under the LAW. Later, it is found that he had no such POWER. Since the Magistrate acted judicially and in good faith, he committed no offence under Section 15. Case Law: K. Veeraswami v. Union of India (1991 AIR 958, 1991 SCR (3) 189) The Supreme Court held that a Judge is protected from criminal prosecution for acts done in the course of judicial duty, provided such acts were done in good faith and without corrupt motive. Principle: “A Judge acting honestly in the exercise of his judicial functions is not liable for any act done in good faith.” Conclusion: Section 15 of the Bharatiya Nyaya Sanhita provides legal immunity to judges for acts done judicially and in good faith, ensuring independence of the judiciary and freedom from fear while discharging judicial duties.