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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 BNS Section 31
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.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
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 and its Equivalent IPC Section
This section outlines the key differences between Section 31 of the Bharatiya Nyaya Sanhita and its equivalent to 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. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help:Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 31 of the Bharatiya Nyaya Sanhita (BNS)
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.
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