Introduction of BNS 31
BNS 31 deals with communication made in good faith. This provision ensures that if a person conveys information, advice, or an opinion honestly and with the intention of benefiting another person, it is not treated as a criminal offence—even if it causes distress or temporary harm.
The Bharatiya Nyaya Sanhita (BNS) Section 31 replaces the old Indian Penal Code (IPC) Section 93.
What is section 31 of BNS ?
BNS Section 31 states that if someone communicates something in good faith, with the intention of benefiting the person they are speaking to, it is not considered a crime, even if the communication causes harm or distress to that person. This means that the law recognizes the importance of the intention behind the communication, rather than just the outcome.
BNS Section 31 in Simple Points
“No communication made in good faith for the benefit of a person shall amount to an offence, by reason of any harm which it may cause, or be intended by the person making it to cause, or which it is known by the person making it to be likely to cause, to that person.”
This section corresponds to IPC Section 93 (Communication made in good faith).
1. Meaning of Section 31
BNS Section 31 protects individuals who communicate honestly and with good intentions, even if their words cause harm or distress to the person receiving them. The focus is not on the effect of the communication but on the intention behind it. If the purpose is to benefit the other person, the law ensures that such communication will not be treated as an offence.
2. Purpose of Section 31
The purpose of this section is to:
- Encourage honesty in personal, professional, and medical communication.
- Protect doctors, teachers, advisors, and well-wishers from liability when they speak truthfully for someone’s benefit.
- Highlight the importance of good faith and intention, not just the outcome of communication.
- Support constructive criticism and truthful advice when it helps the other person, even if it temporarily causes discomfort.
3. Essential Ingredients of Section 31
For protection under this section, the following conditions must be satisfied:
- Good Faith → The communication must be made honestly, without deceit or malice.
- Benefit of the Person → The intention behind the communication must be to help the recipient.
- No Criminal Intent → The speaker must not intend to harm, insult, or defraud the person.
- Possibility of Harm → Even if the words cause hurt feelings or distress, it is not an offence as long as the intention was positive.
4. Punishment under BNS Section 31
- No Criminal Liability → If the communication is made in good faith, it does not attract any criminal punishment under the law.
- Not an Offence → The law clearly states that such communication will not be treated as an offence, so no trial or punishment applies.
- Civil Implications → In rare cases, civil consequences (like defamation suits) may still apply if the statement was reckless, but protection exists where good faith is proved.
5. Examples of BNS Section 31 in Action
Example 1 – Doctor’s Advice
A doctor tells a patient they need urgent surgery to survive. The patient feels anxious and upset, but since the advice is truthful and intended for their benefit, it is protected.
Example 2 – Teacher’s Feedback
A teacher tells a student that they need to improve their studies or they may fail. The student feels discouraged but the intention is to help the student perform better.
Example 3 – Parent’s Warning
A parent tells their child to stay away from certain friends because they are a bad influence. The child feels hurt, but since the advice is protective, it is not an offence.
Example 4 – Employer’s Criticism
An employer points out an employee’s mistakes to help them improve at work. The employee feels insulted, but since the feedback was in good faith, it is not considered criminal.
6. Importance of BNS Section 31
- Protects individuals who speak honestly with good intentions.
- Encourages truth-telling and constructive advice without fear of criminal action.
- Balances freedom of speech with the requirement of good faith.
- Reassures professionals like doctors, teachers, and advisors that their genuine advice is legally safe.
- Continues the principle of IPC Section 93 under the new law with modern clarity.
Section 31 BNS Overview
BNS Section 31 states that if someone communicates something in good faith, with the intention of benefiting the person they are speaking to, it is not considered a crime, even if the communication causes harm or distress to that person. This means that the law recognizes the importance of the intention behind the communication, rather than just the outcome.
10 Key Points of BNS Section 31
BNS Section 31 states that any communication made in good faith for the benefit of another person is not considered a crime, even if it causes harm. The key factor is that the communication must be intended to help, not harm, the person.
- Good Faith Communication:
If a person speaks or communicates something honestly, without any hidden motives, and genuinely believes it will help the person they are talking to, it is considered a good faith communication.- Example: A teacher tells a student that they need to work harder to pass the exams. The student feels bad but understands that the teacher’s intention is to help them succeed.
- Benefit of the Person:
The communication must be intended to help or improve the situation of the person who is receiving it. It should not be meant to hurt or harm them.- Example: A doctor advises a patient to quit smoking, knowing it will be difficult for the patient, but understanding that this advice is crucial for the patient’s health.
- No Criminal Intent:
The person making the communication should not have any intention to cause harm. Their purpose should be to offer guidance, advice, or support.- Example: A parent tells their child to stay away from certain friends who might be a bad influence. The child feels hurt but the parent’s intention is to protect the child from negative influences.
- Honest Opinion:
Sharing an honest opinion, even if it might be difficult for the other person to hear, is protected under this section as long as it is done with good intentions.- Example: A friend tells another friend that they need to stop being late to work because it’s affecting their career. The friend might feel upset, but the advice is given to help them improve.
- No Offense:
Even if the communication causes harm, it’s not considered an offense if it was made with good intentions. The focus is on the intention, not the outcome.- Example: A manager gives honest feedback to an employee about their performance. The employee may feel discouraged, but the feedback is meant to help them improve.
- Examples of Application:
Different situations where this section applies include doctors giving tough diagnoses, teachers giving critical feedback, or friends offering tough advice.- Example: A financial advisor tells a client that they need to save more money to avoid future debt. The client might feel stressed, but the advisor’s intention is to prevent financial problems.
- Protection from Legal Action:
This section protects individuals from being sued or prosecuted for saying something in good faith, as long as it’s meant to benefit the person.- Example: An HR manager tells an employee that they need to improve their work habits to keep their job. The employee might feel worried, but the advice is given to help them succeed.
- Scope of Application:
This section applies to a wide range of situations where honest and well-meaning communication is necessary, even if it’s uncomfortable.- Example: A nurse tells a patient that they need to follow a strict diet to recover from surgery. The patient might find it difficult, but the advice is given to aid their recovery.
- Limitations:
The protection only applies if the communication is truly made in good faith and not with any malicious intent. If the communication is meant to harm, it is not protected.- Example: If someone gives false advice knowing it will hurt the person, this section would not apply. The communication must be honest and meant to help.
- Judicial Interpretation:
Courts will look closely at the intention behind the communication to decide if it was made in good faith. The intention is key in determining if the act falls under this section.
- Example: A therapist advises a patient to take a break from work for their mental health. If the patient’s employer challenges this, the court will consider the therapist’s intention to protect the patient’s well-being.
Difference between BNS Section 31 vs IPC Section 93
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 31 | Communication made in good faith for the benefit of another person, even if it causes harm unintentionally. | No punishment – such communications are not considered offences if done in good faith. | Not Applicable | Not Applicable | Not Applicable (since no offence arises) |
| IPC Section 93 (Old) | Earlier law protecting communications made honestly and in good faith, for another’s benefit, even if harm is unintentionally caused. | No punishment – these communications were exempted from liability under IPC. | Not Applicable | Not Applicable | Not Applicable (since no offence arises) |
BNS Section 31 FAQs
What is BNS Section 31 about?
BNS Section 31 is about protecting people from being prosecuted for making a communication in good faith, intended to benefit the person they are speaking to, even if it causes harm.
Does this section protect all types of communication?
No, it only protects communication that is made in good faith with the intention of benefiting the person, not if it’s done with malicious intent.
Can someone be prosecuted if their communication causes harm?
If the communication was made in good faith and for the benefit of the person, it is not considered a crime under BNS Section 31, even if it causes harm.
What is an example of a communication protected under this section?
A doctor telling a patient about a serious health condition in a straightforward manner, even if it causes the patient distress, is protected under this section.
How does the court determine if the communication was made in good faith?
The court will examine the intention behind the communication and whether it was genuinely meant to benefit the person.
Conclusion
BNS Section 31 strikes a balance between free communication and legal protection. It ensures that people—whether doctors, teachers, parents, or professionals—can provide honest advice and guidance without fear of criminal punishment, as long as it is done in good faith.
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Finished with BNS Section 31 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 31 : Communication made in good faith.
- https://marriagesolution.in/bns_section/bns-31/
- BNS 32 : Act to which a person compelled by threats.
- https://marriagesolution.in/bns_section/bns-32/
- BNS 33 : Act causing slight harm.
- https://marriagesolution.in/bns_section/bns-33/
- BNS 34 : Things done in private defence.
- https://marriagesolution.in/bns_section/bns-34/
- BNS 35 : Right of private defence of the body and of property.
- https://marriagesolution.in/bns_section/bns-35/
- BNS 36 : Right of private defence against the act of a person with mental illness, etc.
- https://marriagesolution.in/bns_section/bns-36/
- BNS 37 : Acts against which there is no right of private defence.
- https://marriagesolution.in/bns_section/bns-37/
- BNS 38 : When the right of private defence of the body extends to causing death.
- https://marriagesolution.in/bns_section/bns-38/
- BNS 39 : When such right extends to causing any harm other than death.
- https://marriagesolution.in/bns_section/bns-39/
- BNS 40 : Commencement and continuance of the right of private defence of the body.
- https://marriagesolution.in/bns_section/bns-40/
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