Question

If a bailiff executes an eviction based on a civil court order later declared void for lack of jurisdiction, what protection does Section 78 of the Indian Penal Code provide?

• A. The bailiff is punishable as the order was invalid from the beginning
• B. The bailiff can be punished only with a reduced penalty
• C. The bailiff is exempt if he acted in good faith under the order
• D. The bailiff is required to compensate the evicted person

Hint:

Section 78 IPC protects actions done under court orders if performed in good faith.

Answer 1

The Correct Option is C

Step 1: Understanding Section 78 IPC.
Section 78 IPC protects any person (including a bailiff) who acts strictly under the authority of a court order that appears valid, even if the court later turns out to have no jurisdiction.
Step 2: Application to the question.
Since the bailiff acted purely on the face of the order and without personal fault, Section 78 shields him from criminal liability.
Step 3: Conclusion.
A bailiff is exempt from punishment if he executes the order in good faith.