Section 31 of the Bharatiya Nyaya Sanhita (BNS), 2023

09 Jun 2025 --
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Section 31 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the protection of individuals who make communications in good faith, even if such communications result in harm to the recipient.

📜 Section 31: Communication Made in Good Faith

Text of Section 31:

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.

A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

This section is part of Chapter III: General Exceptions of the BNS, 2023, which outlines circumstances under which an act is not considered an offence, such as acts committed by children, individuals of unsound mind, or under intoxication.

🔁 Comparison with Indian Penal Code (IPC)

Section 31 of the BNS, 2023, corresponds to Section 93 of the Indian Penal Code (IPC), 1860, which provides similar protection for communications made in good faith. The BNS retains the principle established in the IPC regarding the criminal responsibility of individuals making such communications

⚖️ Legal Implications

Section 31 ensures that individuals who make communications with honest intentions and for the benefit of others are not held criminally liable, even if such communications inadvertently cause harm. The key elements are

Good Faith: The communication must be made with honest intentions, without malice, and with the recipient's best interests in mind

Benefit to the Recipient: The communication should aim to benefit the person receiving it.

This provision is particularly relevant in contexts such as medical practice, counseling, and financial advising, where professionals may need to convey difficult truths to individuals for their well-being.

In summary, Section 31 of the BNS, 2023, provides legal protection to individuals who make communications in good faith for the benefit of others, ensuring that such communications are not considered offences, even if they result in harm.