Section 31 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 31 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal protection for communications made in good faith. It states:
"No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person."
Illustration: A surgeon, in good faith, informs a patient that they cannot survive. If the patient dies from the shock, the surgeon has committed no offence, even though the communication might have caused the patient's death.(
This provision aligns with Section 93 of the Indian Penal Code (IPC), 1860, which similarly absolves individuals from liability for harm caused by communications made in good faith for the benefit of the recipient.
Key Points:
Good Faith: The communication must be made with honest intentions and without malice.
Benefit to the Recipient: The purpose of the communication should be to benefit the person to whom it is made.(
No Criminal Liability: Even if the communication causes harm, it does not constitute an offence if made in good faith for the recipient's benefit.
Example:
A doctor informs a patient about a serious medical condition to prompt necessary treatment. If the patient experiences distress leading to harm, the doctor is not liable under Section 31, as the communication was made in good faith for the patient's benefit.
This section underscores the principle that individuals should not be penalized for actions taken with sincere intentions aimed at benefiting others, even if unintended harm results.
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