Section 19 of the Bharatiya Nyaya Sanhita (BNS) states that an act is not an offense simply because the person performing it knows it may cause harm, provided that:
The act is done without criminal intent.
It is done in good faith.
It is intended to prevent or avoid greater harm to a person or property.
Key Provisions:
Knowledge of Possible Harm Is Not Enough to Make an Act an Offense
If an act is done to prevent greater harm and is not driven by criminal intent, it is not considered a crime.
The Necessity of Justification
Whether the harm being prevented was serious and imminent enough to justify the risky action is a question of fact and must be assessed case by case.
Illustrations:
Example 1: Ship Collision Avoidance
A ship captain finds that his vessel will inevitably collide with boat B carrying 30 people unless he changes course.
If he changes course and risks hitting boat C with only 2 passengers, he is not guilty of an offense, as long as he acted in good faith to avoid greater harm.
₹Example 2: Demolition to Stop Fire Spread*
A destroys a house to prevent a massive fire from spreading and causing greater loss of life or property.
If it is found that the risk of the fire spreading was serious enough to justify this action, A is not guilty of an offense.
How It Protects:
Allows necessary actions to prevent greater harm without punishing individuals for acting in good faith.
Prevents wrongful criminalization of those who act to protect life and property.
Ensures that only malicious or reckless actions are penalized, while justified harm prevention remains lawful.
Example:
A doctor performs an emergency amputation to save a patient’s life → Not an offense if done in good faith.
A driver swerves to avoid hitting a pedestrian but damages a parked car → Not an offense if done in good faith to prevent loss of life.
