Section 78. عدالتی حکم پر استثنیٰ

Section 78, Pakistan Penal Code 1860

Title: Act done pursuant to the judgment or order of Court

Description:
Section 78 PPC provides legal protection to acts that are done in compliance with a judgment or order of a court of justice. It states that nothing is an offence 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.

Key elements:
1. Court authority required: The act must be done under a judgment or order issued by a Court of Justice. The court must have jurisdiction to pass that judgment/order. 2. Good faith belief: The person doing the act must believe in good faith that the court had jurisdiction, even if the court ultimately did not have jurisdiction. The section protects honest compliance. 3. Judgment/order must be in force: The protection applies only while the judgment or order has not been reversed, set aside, or stayed.
Purpose:
This provision protects public servants, officers, and private individuals who execute court orders. For example, if a bailiff attaches property or a police officer makes an arrest under a court warrant, they are not criminally liable even if the order is later found to be defective, as long as they acted under a good-faith belief that the court had jurisdiction.

Distinction from Section 79:
Section 78 covers acts done under actual court orders. Section 79 is broader and covers acts done by a person who is justified by law, or who by reason of a mistake of fact believes himself to be justified by law.

Example:
A police officer arrests a person under a non-bailable warrant issued by a Magistrate. Later, the High Court sets aside the warrant because the Magistrate had no jurisdiction. The officer cannot be prosecuted for wrongful confinement under Section 78, because he acted pursuant to a court order while believing in good faith that the court had jurisdiction.

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