Unit-II: General Exceptions judicial acts ( section 77 and 78)

Judicial act (section 77, 78)

Section 77  - Act of judge when acting judicially.

Section 77 in The Indian Penal Code

 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.

Section 78 -Act done by pursuant to the judgement or orders of the courts .

Section 78 in The Indian Penal Code

Act done pursuant to the judgment or order of Court.—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.

 Objection of section 77 and 78

Under section 77 and 78 of IPC, protection is given to the judges and their ministerial staff who are executing the orders of the judges is to ensure the independence of judges and to enable them to discharge their duties without any fear of consequences.

*The protection is based on public policy.

Section 19 defines judge: 

A person who is officially designated as judge but also person who is empowered by law to give a definite judgement any civil or criminal proceedings.

Essentials of section 77

Section 77 extent special immunity to a judge against criminal prosecution with respect to acts done by him judicially in discharge of his official duty.