What Is BNS Section 19?

Bharatiya Nyaya Sanhita, 2023 - Section 19: Act likely to cause harm, but done without criminal intent, and to prevent other harm.

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.

Brief Detail

BNS Section 19 addresses situations where an act, though likely to cause harm, is not considered an offence if it is performed without criminal intent and in good faith to prevent greater harm. The section emphasizes that the justification for such an act depends on the nature and immediacy of the harm that was intended to be prevented. The provided illustrations clarify that if the harm being avoided is significant and imminent, then the act causing potential harm can be excused.

Question & Answers

Q: What does BNS Section 19 state about an act likely to cause harm?

A: BNS Section 19 states that an act is not considered an offence merely because it is likely to cause harm if done without criminal intent and in good faith to prevent or avoid greater harm to persons or property.

Q: What is the explanation provided in BNS Section 19?

A: The explanation indicates that it is a question of fact whether the harm intended to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of causing harm.

Q: What is the significance of the illustrations provided under BNS Section 19?

A: The illustrations show examples where an act causing harm can be excused if it was done in good faith and to prevent greater harm. They emphasize that the nature and imminency of the harm being avoided are critical in determining whether the act is justified.

Q: In the first illustration, why is the captain not guilty of an offence?

A: The captain is not guilty of an offence because he altered his course in good faith to avoid a greater danger to passengers on another boat, even though this action might have caused harm to a smaller boat.

Q: In the second illustration, why is A not guilty of the offence?

A: A is not guilty of the offence because he pulled down houses in good faith to prevent a fire from spreading, aiming to save lives or property, and the act was justified given the imminent danger.

Example

Scenario 1: A doctor performs an emergency surgery on a patient knowing that it might lead to complications, but does so in good faith to save the patient's life. Here, if the harm caused by the surgery was a necessary risk to avoid a greater harm, the doctor’s actions might be justified under BNS Section 19.

Scenario 2: During a severe storm, a homeowner decides to cut down a tree that is threatening to fall on their house. The homeowner knows that cutting the tree might damage nearby property but does it to prevent the tree from causing severe damage or injury. This action, done in good faith to avoid a greater risk, might be excused under BNS Section 19.

Summary

BNS Section 19 provides a legal safeguard for individuals who commit acts likely to cause harm if these acts are done without criminal intent and in good faith to prevent or avoid greater harm. The section outlines that the justification for such acts depends on the nature and immediacy of the harm being prevented, as demonstrated through its illustrations.