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, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be 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.
Simplified Explanation
Section 19 of the Bharatiya Nyaya Sanhita (BNS), titled “Act Likely to Cause Harm, but Done Without Criminal Intent, and to Prevent Other Harm,” provides immunity from criminal liability for actions that might unintentionally cause harm when those actions are taken in good faith to prevent a greater harm. This section recognizes that individuals may sometimes need to make quick decisions to avert serious risks, even if their actions might result in minor harm.
Key Points of Section 19
- Absence of Criminal Intent:
- This section applies when a person acts without any intent to cause harm. The individual’s purpose must be solely to prevent a greater harm or danger, and the harmful outcome must be incidental to that purpose. There should be no malicious intent, negligence, or recklessness in their actions.
- Preventing Greater Harm:
- Section 19 provides immunity when the primary goal of the action is to prevent a more significant harm. For example, a person might damage property to prevent an imminent accident or injury. The law recognizes the need to allow individuals to act in such situations without fear of prosecution.
- Proportionality of Harm:
- The harm caused by the person’s actions must be proportionate to the harm they aimed to prevent. For instance, minor property damage might be justified to save someone from injury. However, excessive or unnecessary harm that outweighs the harm being prevented may not be protected by this section.
- Good Faith Requirement:
- The immunity applies only if the person acted in good faith, meaning they genuinely believed their actions were necessary to prevent harm. This standard protects individuals who make reasonable, well-intentioned decisions in urgent situations.
- Examples of Protected Actions:
- If someone breaks a car window to rescue a child or animal trapped inside during extreme heat, they may be protected under Section 19. Similarly, a person might be excused for using force to stop someone from causing immediate harm, as long as they acted in good faith and without the intent to harm.
- Judicial Evaluation:
- Courts assess whether the person’s actions were reasonable and proportionate given the circumstances. Judges consider factors such as the urgency of the situation, the potential harm being prevented, and whether the individual’s actions were the least harmful means of achieving that goal.
Purpose of Section 19
The purpose of Section 19 is to allow individuals the freedom to act in situations where they must make split-second decisions to prevent serious harm, even if their actions may result in minor, unintended damage. This section promotes a fair and compassionate approach, recognizing that sometimes, lesser harm may be necessary to avert a greater threat. By providing immunity for actions done in good faith to prevent harm, Section 19 encourages individuals to take reasonable, responsible action in emergency situations without fear of legal repercussions.
