Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 31: Communication made in good faith.
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.
Brefe Detail
BNS Section 31 protects individuals from being charged with an offence if the communication made was in good faith and for the benefit of the person receiving it, even if the communication results in harm to that person. The section emphasizes that the intent behind the communication is crucial, not the consequences of the harm caused. For example, a surgeon who communicates a difficult prognosis in good faith, despite knowing that it may cause emotional distress or even death to the patient, cannot be held criminally liable.
Question & Answers
Q1: What does BNS Section 31 cover?
A1: BNS Section 31 covers situations where communication made in good faith, intended for the benefit of the person to whom it is addressed, does not amount to an offence, even if it causes harm.
Q2: Does BNS Section 31 protect someone who unintentionally causes harm through communication?
A2: Yes, BNS Section 31 provides protection as long as the communication was made in good faith and intended for the benefit of the recipient, regardless of the harm caused.
Q3: Can a surgeon be held liable for telling a patient about their terminal condition if it leads to the patient's death due to shock?
A3: No, under BNS Section 31, the surgeon is not held liable because the communication was made in good faith and for the benefit of the patient.
Q4: What is the significance of 'good faith' in BNS Section 31?
A4: 'Good faith' is key to BNS Section 31. It means that as long as the communicator believes their message is for the recipient's benefit and has no malicious intent, they are not liable for the harm that results from their communication.
Example
Example 1: A doctor tells a patient, in good faith, that they have a serious illness and should undergo immediate treatment. If the patient experiences severe emotional distress from this information and subsequently suffers harm, the doctor would not be liable under BNS Section 31, as the communication was made with good intent for the patient's benefit.
Example 2: A counselor informs a client that their current behavior could lead to severe consequences in their personal life. Although the client becomes extremely distressed and experiences emotional harm, the counselor is not liable under BNS Section 31 because the communication was made in good faith for the client’s benefit.
Summary
BNS Section 31 emphasizes the protection of individuals who communicate in good faith for the benefit of others. If the communication, though well-intentioned, results in harm to the recipient, the communicator is not criminally responsible as long as the intent was honest and aimed at benefiting the person. The key element here is the good faith behind the communication, which shields the person from liability despite the potential harmful outcomes.
