Act done pursuant to the judgment or order of Court
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Summary
An act done pursuant to a court judgment or order while that judgment or order remains in force is not an offence. This protection applies even if the court actually lacked jurisdiction. It requires that the person acted in good faith, honestly believing the court had jurisdiction.
Example
Priya, a landlord, enforces a court eviction order and changes the locks while the order is still in force. Later it is found the court did not actually have jurisdiction to issue that order. Because Priya honestly believed the court had authority and acted under the order, her conduct is not an offence.
Bare Act
Enacted textNothing 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.
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