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.
Simplified Explanation
Section 31 of the Bharatiya Nyaya Sanhita (BNS), titled “Communication Made in Good Faith,” provides immunity from criminal liability for individuals who make statements or communicate information in good faith, even if the information later proves to be incorrect or causes unintended harm. This section protects individuals who believe they are acting responsibly and with honest intentions, especially in situations where the communication serves a legitimate purpose, such as safeguarding others or fulfilling a duty.
Key Points of Section 31
- Good Faith Requirement:
- Section 31 applies only if the communication is made in good faith, meaning it is conveyed with sincere intent, without malice or dishonest motives. Good faith implies that the person genuinely believes the information to be true and necessary to share under the circumstances.
- Purpose of the Communication:
- This section generally protects communications made to benefit others, prevent harm, or fulfill a duty, such as informing someone of a potential danger or fulfilling a professional responsibility. The communication must serve a legitimate purpose and not be motivated by malicious intent.
- Protection from Criminal Liability:
- Even if the communication later turns out to be inaccurate or leads to unintended consequences, the individual is not criminally liable as long as they acted in good faith. This protection allows people to share information they reasonably believe to be true without fear of legal repercussions if errors occur.
- Examples of Protected Communication:
- For example, if a doctor warns a patient about potential health risks based on available information, but the information later turns out to be incorrect, Section 31 could protect the doctor from liability. Similarly, if an employer gives feedback to an employee based on honest observations that may later prove inaccurate, they would be protected under this section if the intent was to help the employee improve.
- Exclusion of Malicious or Reckless Communication:
- This section does not protect communications made with malicious intent or reckless disregard for the truth. If the person shares false information knowingly or with harmful motives, they would not be shielded by Section 31.
- Judicial Evaluation of Good Faith and Intent:
- Courts consider the communicator’s intent, the circumstances, and whether they reasonably believed the information to be true. Judges examine whether the individual acted responsibly and with genuine belief in the necessity or correctness of the communication.
- Encouragement of Open Communication:
- Section 31 encourages individuals to communicate openly, especially in professional and public safety contexts, by providing legal protection when they act responsibly. It supports transparency, accountability, and the sharing of information that may benefit others, as long as it is done in good faith.
Purpose of Section 31
The purpose of Section 31 is to enable individuals to share information responsibly, especially in situations that may impact others’ safety, well-being, or understanding. By protecting good-faith communications, the section fosters an environment where people feel empowered to act honestly and responsibly without fear of criminal liability for unintended outcomes. This provision strikes a balance between accountability and the importance of honest, well-intentioned communication, allowing individuals to fulfill their duties or assist others with integrity.
