Section 83 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Section 83 – Protection of Good Faith Actions
🧾 Purpose of Section 83
Section 83 provides legal protection to public servants or persons acting under the authority of law when they perform their duties in good faith and without malice.
📘 Key Provisions of Section 83
Who is Protected?
Any public servant acting in the course of their official duties.
Any person authorized by law to perform certain acts.
Scope of Protection
Acts done in good faith (i.e., honestly and with sincere intention).
Protection from criminal or civil liability for actions done without malice or corruption.
Applies even if the action causes some harm, provided there was no intention to cause wrongful harm.
Limitations
Protection does not apply if the act is done with malice, corrupt motive, or gross negligence.
Does not shield acts outside the scope of authority or unlawful acts.
Purpose
Encourages officials and authorized persons to perform their duties without fear of frivolous lawsuits or harassment.
Ensures effective and decisive administration of justice and public duties.
⚠️ Importance of Section 83
Protects honest officers and individuals acting within their legal authority.
Prevents harassment through false claims for acts done in good faith.
Balances accountability with protection for lawful actions.
✅ Example
A police officer conducting a search under a valid warrant who inadvertently damages property during the search is protected under Section 83, provided the officer acted honestly and without malice.
🔍 Summary Table
| Aspect | Details |
|---|---|
| Who is Protected | Public servants and authorized persons |
| Basis of Protection | Acts done in good faith without malice |
| Protection Covers | Immunity from criminal and civil liability |
| Limitations | No protection if done with malice or unlawfully |
| Purpose | Encourage fearless and honest discharge of duties |
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