Code: Section 31 BNS
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.
Illustration.
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.
Explanation of Section 31 BNS
Section 31 of the Bharatiya Nyaya Sanhita (BNS), 2023 provides legal immunity for individuals who make honest and well-intentioned communications, even if they unintentionally cause harm.
Key Points:
- The communication must be made in good faith.
- It should be intended for the benefit of the recipient.
- If harm occurs as a consequence, it does not make the act an offense.
Illustration of Section 31 BNS
Example: A surgeon, in good faith, informs a patient that they have a terminal illness and may not survive. If the patient dies from the shock, the surgeon has not committed an offense because the communication was made in good faith and for the patient’s benefit.
Common Questions & Answers on Section 31 BNS
1. Does this section apply only to doctors?
No. This section applies to any person who makes a communication in good faith for the benefit of another, not just doctors.
2. What if a person knowingly gives false information?
If the communication is not made in good faith or for the benefit of the recipient, legal protection under this section does not apply.
3. Can this section be misused to justify harmful speech?
No. The section only applies when the intention is genuinely for the benefit of the recipient, and not for causing harm or distress.
Conclusion
Section 31 of BNS, 2023 ensures that honest and beneficial communication does not lead to criminal liability, even if it unintentionally causes harm. It protects professionals like doctors, advisors, and guardians who make disclosures in good faith.
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