BNS Section 31: Communication Made In Good Faith
Section 31 BNS is part of CHAPTER 3 GENERAL EXEMPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It clarifies under what conditions good faith could be considered as a defence in certain situations, thus having a uniform interpretation amongst the Sanhita.
Section 31 addresses the protection given to a person making communications in good-faith for the benefit of others. This section has described an important aspect of Indian criminal law, to the effect that harm caused by such communications is not held to be an offence if made without malice and for the welfare of the recipient.
Definition of Section 31 of BNS
Section 31 of BNS 2023 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.
Explanation and Illustration of Section 31 (Bharatiya Nyaya Sanhita, 2023)
A surgeon, in good faith, informs a patient of his opinion that the patient cannot survive. As a result of the shock, the patient passes away. Despite being aware that this communication could potentially lead to the patient's death, A has committed no offence.
Key Points of BNS 31
This section exempts individuals from criminal liability for communications made with honest intentions and for the welfare of the recipient. The key elements are:
No Offence Despite Harm
Even if the communication causes harm (such as emotional or psychological distress), it is not considered an offence if it was intended to help or benefit the individual.
Differences Between Section 31 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 31 of the Bharatiya Nyaya Sanhita (BNS) 2023 and its equivalent Indian Penal Code (IPC section 93), focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 31 | Communication made in good faith. | 93 | No change. |
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FAQs about Section 31 of the Bharatiya Nyaya Sanhita (BNS)
Under what circumstances does BNS Section 31 offer protection?
BNS Section 31 protects communications made in good faith if they are intended to benefit the recipient, although they may have later effects that harm.
Does BNS Section 31 protect a person who, through a communication, unknowingly harms?
Yes, if communications are in good faith and for the recipient's benefit, then BNS Section 31 applies.
Is the surgeon liable to communicate his fatal condition to the patient when shock causes him to die?
No, he is exempt under BNS Section 31 as his communication was for good faith for the benefit of the patient.
Why is 'good faith' in BNS Section 31 important?
'Good faith' ensures that if the communicator intends to benefit the recipient without malicious intent, they are not held liable, even if harm occurs.
Example 1: A doctor informs a patient about a serious illness, intending to prompt treatment. If the patient experiences distress and harm, the doctor is not liable under BNS Section 31.
Example 2: When a counsellor warns a client of the probable outcomes of the behaviour of the client, if the client has an emotional injury, the counsellor is insulated because the communication made was in good faith.
Does BNS Section 31 protect a person who causes harm through communication by negligence?
Yes, BNS Section 31 provides protection based on communication done in good faith for the benefit of the recipient which would breach the duties even though it caused harm.
