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.
Simplified Explanation
Section 15 of the Bharatiya Nyaya Sanhita (BNS), titled “Act of Judge When Acting Judicially,” provides immunity to judges from criminal liability for actions taken in the course of their judicial duties. This section recognizes that judges, while performing their judicial functions, should be free to make decisions without fear of prosecution, as long as they act within their legal authority and in good faith.
Key Points of Section 15
- Judicial Immunity:
- Section 15 grants protection to judges against criminal liability for actions performed while exercising their judicial functions. This immunity ensures that judges can perform their duties independently, free from concerns about personal legal repercussions for decisions made in court.
- Scope of Judicial Acts:
- The protection covers only actions that fall within the scope of a judge’s judicial capacity. This includes making rulings, passing judgments, issuing orders, or any other actions that are part of the judicial process. However, acts outside a judge’s official duties or authority are not protected under this section.
- Good Faith Requirement:
- The immunity provided by this section applies only when a judge acts in good faith, meaning without any intention to harm or any misconduct. If a judge acts with malicious intent, fraud, or outside the bounds of their judicial authority, they may not be protected.
- Legal Boundaries:
- Judges are expected to act within the limits of their authority. If they act outside their jurisdiction or violate legal procedures intentionally, this section may not apply, and they could be held accountable for those actions.
- Protection of Judicial Independence:
- By granting immunity for judicial acts, this section helps preserve judicial independence, allowing judges to make impartial decisions without external pressure or fear of personal consequences. This is crucial for maintaining a fair legal system where judges can rule solely based on the law and facts, without fear of reprisal.
- Distinction from Administrative Actions:
- This protection applies specifically to judicial actions and does not cover administrative or non-judicial actions taken by a judge. Administrative actions may still be subject to legal scrutiny if they fall outside the judge’s judicial role.
Purpose of Section 15
The purpose of Section 15 is to safeguard the independence and integrity of the judiciary by providing judges with protection from criminal liability for actions taken while performing their judicial duties. This immunity allows judges to exercise their judgment impartially and without fear of personal risk, which is essential for an unbiased and effective justice system. However, the section maintains accountability by limiting this protection to actions taken within legal authority and in good faith, balancing judicial independence with responsibility.
