Indian Penal Code, 1860- Judicial and Executive Act (Ss. 77 & 78)
Judicial and Executive Act (Ss. 77 & 78)
For effective administration of justice is one of the foundations of a civilized State. In consonance with the same, sections 77 and 79 of the IPC grant immunity from any criminal liability to the judges and persons/ executives who act in pursuance of the judgment/ order of the Court.
Section 77 of the IPC, 1860 enshrines that 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. Thus, section 77 grant immunity to the judges acting judicially.
However, if the Judge acts without jurisdiction he will not be protected u/s 77. A judge can be punished for corruption and malice under Sections 219 and 220 of the IPC.
Further, as a complementary provision Section 78 of the IPC, 1860 mandates that any act done in good faith pursuant to the judgment or order of Court shall be a not be an offence and will be a good defence.
Section 78 grants immunity to persons who do acts in pursuance of the judgment or order of the court. The good faith and reasonable belief in the legality of an order issued by a competent court are to be satisfied to get protection under Section 78.
Whether mistake of law a defence u/s 78
Under Section 78, the officer is protected in carrying out an order of a court, which may have not jurisdiction at all. But it does not mean that in such condition mistake of law can be pleaded as a defence under Section 78 inasmuch as there is a presumption of legality and binding of an order or a judgment passed by any Court unless its legality is challenged before the appropriate court.
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