Section 78 of Indian Penal Code, 1860 – Explained!

Legal Provisions of Section 78 of Indian Penal Code, 1860.

Act done pursuant to the judgment or order of Court:

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The section is a natural corollary to section 77 of the Code. It protects those who execute a judgment or order of the Court of Justice. The section says that whilst a judgment or order of a Court of Justice remains in force, anything done in pursuance of the same or warranted by the same is not an offence even if the Court may not have jurisdiction to pass such judgment or order provided the person who does the act believes in good faith that the Court did have such jurisdiction.

The responsibility to prove good faith is on the accused and ‘good faith’ has the same meaning as given under section 52 of the Code. While this section gives protection to such person against criminal liability, the Judicial Officers’ Protection Act, 1850 affords protection to them against civil liability. Section 1 of this Act states, inter alia, that no officer of any Court or other person, bound to execute the lawful warrants or orders of any such Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court, for the execution of any warrant or order, which he would be bound to execute, if within the jurisdiction of the person issuing the same.

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