Section 19 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 19 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses situations where an act, though likely to cause harm, is not considered an offence if done without criminal intent and in good faith to prevent greater harm.
Text of Section 19
Act likely to cause harm, but done without criminal intent, and to prevent other harm
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.
Illustrations:
(a) A, the captain of a vessel, finds himself in a position where, to avoid running down a boat with many passengers, he must change course and risk running down another boat with fewer passengers. If A alters his course in good faith to avoid the greater danger, he is not guilty of an offence, even though he knew his action was likely to cause harm to the second boat
(b) A, during a great fire, pulls down houses to prevent the conflagration from spreading. He does this with the intention of saving human life or property. If it is found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of the offence
Legal Context
This provision corresponds to Section 81 of the Indian Penal Code, 1860, which similarly exempts acts done in good faith to prevent greater harm from being considered offences.
RELATED Blog
0 comments