BNS Section 19: Act Likely to Cause Harm, but Done Without Criminal Intent, and to Prevent Other Harm
Section 19 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It talks about acts that, except for criminal intent, fall within the situation that though aimed to cause harm are not considered a crime when done without criminal intent and with a genuine intention of saving persons or property from worse evils. This catches once again the recognition of people having to do things that by chance might lead to causing harm when every attempt was made to avoid worse dangers.
The section thus highlights the importance of intent and the context in which the act is performed, thus allowing a legal framework that balances accountability with the realities of emergency situations. It establishes the justification for such actions depending on whether the imminent threat warranted the risk taken and fosters a nuanced understanding of responsibility in crisis scenarios.
Definition of BNS Section 19
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Explanation.—It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.
Explanation and Illustration of Section 19 (Bharatiya Nyaya Sanhita, 2023)
This section provides the context and intention when assessing legal liability in circumstances where action taken can cause harmful effects.
Good Faith Acts: This section explains that individuals who act in good faith in trying to avoid greater danger are not liable for subsequent harms. It is more concerned with why the act took place rather than with the effects.
Determinative Analysis of Imminence: It is, therefore, necessary to establish whether the evil sought to be averted was of such a character that it justified the risk; this must be determined by fact-finding into the circumstances of the act.
Balancing Accountability and Necessity: Recognising that, in an emergency, people sometimes must act in ways that themselves threaten serious harm, this chapter attempts to balance the principle of personal responsibility with the reality of an emergency.
Illustrations (a):
A, being a master of a vessel, has to make a grave choice of running over boat B, which had dozens of passengers, or he may deviate from his course to possibly hit boat C with two passengers on board. If A in good faith turns aside to save the passengers of boat B, although he realises this may endanger boat C, he is not committing an offense, if the danger he sought to avoid was grave enough to warrant such risk.
Illustration (b):
If there was a major fire, A decides to pull down neighbouring houses so that the flames may not progress and endanger people's lives or property. If it were established that there was an imminent danger of fire that was grave enough to explain A's actions, then he would not commit any offence.
These illustrations exemplify the doctrine that acts taken in a good-faith effort to prevent imminent harm may be done without regard to unintended consequences, which reiterates the notion of reasonable conduct in times of emergency.
Key Points of BNS 19
Differences Between Section 19 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 19 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 81), focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 19 | Act likely to cause harm, but done without criminal intent, and to prevent other harm. | 81 | Word ‘steam’ is excluded in the illustration. |
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FAQs about Section 19 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS 19?
BNS Section 19 pertains to actions that may cause harm but are performed without criminal intent and are aimed at preventing greater harm.
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 19 of the BNS?
Section 19 of the BNS is part of Chapter III, which addresses general exceptions in the Bharatiya Nyaya Sanhita 2023 Act.
What is the significance of Section 19 in legal contexts?
Section 19 is significant as it provides a legal defence for individuals who act to avert a greater danger, even if their actions inadvertently cause some harm.
How does Section 19 define the relationship between intent and harm?
Section 19 clarifies that lack of criminal intent in the face of potential harm can absolve an individual from liability, emphasising the motivation behind the action.
Are there limitations to the defence provided by Section 19?
Yes, the defence may not apply if the harm caused is disproportionate to the harm being prevented or if the action taken was unreasonable.
Can Section 19 be invoked for all types of harmful actions?
No, Section 19 specifically applies to situations where harm is caused in the context of attempting to prevent greater harm, and each case must be evaluated on its merits.
What does BNS Section 19 state about an act likely to cause harm?
BNS Section 19 states that an act is not considered an offence merely because it is likely to cause harm if done without criminal intent and in good faith to prevent or avoid greater harm to persons or property.
