IPC Section 78 — Act done pursuant to the judgment or order of Court

Summary

If a person does something that is required or allowed by a court order or judgment, that action is not a crime as long as the order or judgment is still in effect. This is true even if the court did not actually have the legal authority to issue that order or judgment, as long as the person who carried out the action honestly believed that the court had that authority.

Official Text

Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.

Related Judgments

• CRL A(MD)/376/2017 — Madras High Court ()
• S.C.R. 772 VIRENDRA SINGH v. STATE OF MADHYA PRADESH — Supreme Court of India (2010)
• ... Petitioners/Accused vs The Deputy Superintendent of Police, — Madras High Court (2007)
• SC (2023) Vol.1 p.823 — Supreme Court of India (2023)
• S.C.R. 571 SUSHIL ANSAL v. STATE THROUGH CBI — Supreme Court of India (2014)
• CRL A(MD)/516/2017 — Madras High Court ()
• ... Petitioner vs The Director, — Madras High Court (2007)
• Accused No.1 vs State rep by — Madras High Court ()

Old <-> New Code Mapping

• BNS §16 — Act done pursuant to judgment or order of Court