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.
IPC Section 93: Simplified Explanation
IPC Section 93 of the Indian Penal Code (IPC) is centred around the principle that certain communications made in good faith do not constitute an offence, even if they can potentially harm the person to whom they are made. This section essentially provides a safeguard for individuals who, with good intentions, communicate something that might otherwise be perceived as harmful or offensive, provided that the communication is made in good faith for the benefit of the person to whom it is directed.
The key aspects of Section 93 can be summarised as follows:
- Good Faith: The essence of this provision is that the communication must be made in good faith. This means the person making the communication must genuinely believe that the information is true, that it is necessary or relevant for the person receiving it, and that it is being communicated for the recipient’s benefit or in their interest.
- Benefit to the Person: The communication should be intended for the benefit of the person to whom it is made. This implies that the communicator’s motive should be to help or protect the recipient in some way, even if the immediate effect of the communication may be to cause some harm, distress, or inconvenience.
- No Intention to Cause Unnecessary Harm: While Section 93 acknowledges that the communicated information might cause harm, it implies that the harm should not be the primary objective of the communication. The intent should not be malicious or to cause unnecessary hurt.
This section plays a crucial role in various scenarios, particularly in professional settings such as medicine or law, where individuals might need to convey information that could be unwelcome, distressing, or harmful to another person but is necessary for their health, legal standing, or safety. For instance, a doctor informing a patient about a serious diagnosis or a lawyer advising a client about the potential for an unfavourable legal outcome are scenarios where Section 93 could apply, provided the communication is made in good faith and intended for the benefit of the patient or client.
In essence, Section 93 of the IPC is designed to balance the need to communicate potentially harmful information and the protection against unwarranted legal action for such communication, emphasising the importance of the communicator’s intent and the context in which the communication is made.
