BNS Section 19: Act Likely to Cause Harm, but Done Without Criminal Intent, and to Prevent Other Harm

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 BNS Section 19

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.

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