Section 19 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 19 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses situations where an act may cause harm but is not considered an offence if performed without criminal intent and in good faith to prevent or avoid greater harm.
Key Provisions of Section 19
No Criminal Intent: The act must be done without any intention to cause harm.
Good Faith: The action must be taken in good faith, aiming to prevent or avoid other harm to persons or property.
Imminent Danger: The harm to be prevented must be 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
Maritime Scenario: A captain of a vessel, without fault or negligence, finds himself in a position where he must inevitably run down a boat with many passengers unless he changes course, which may risk running down a boat with fewer passengers. If the captain alters course in good faith to avoid greater harm, he is not guilty of an offence, even if the act causes harm to the second boat.
Firefighting Scenario: In a great fire, an individual pulls down houses to prevent the conflagration from spreading. If this is done in good faith to save human life or property, and the harm to be prevented was of such a nature and so imminent as to excuse the act, the individual is not guilty of an offence.
Comparison with IPC Section 81
Section 19 of the BNS is similar to Section 81 of the Indian Penal Code (IPC), which also provides that an act likely to cause harm is not an offence if done without criminal intent and in good faith to prevent other harm. However, the BNS may offer more detailed guidelines and illustrations to clarify its application in various scenarios.(
Purpose
The purpose of Section 19 is to recognize that individuals may sometimes need to take actions that could cause harm to prevent greater harm, especially in emergency situations. This provision ensures that such individuals are not penalized for acting in good faith to protect life and property.
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