BNS Section 19: Legal Protection for Acts Done to Prevent Greater Harm

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.

Example
Vijay broke open his neighbour’s burning house to help rescue a dog trapped inside. Here, Vijay will not be held guilty of breaking the door and trespassing.    

Key Points on BNS-19 (Legal Defense for Harm Caused to Prevent Greater Harm)

BNS-19 provides legal protection for individuals who cause harm in certain situations where the intent is to prevent a greater harm. It focuses on good faith and the absence of criminal intent.

1. Knowledge of Likely Harm

• Knowing that an action may cause harm does not automatically make it an offense. For example, someone may know their action will cause minor harm but proceed because it is necessary to avoid a bigger danger.

2. Absence of Criminal Intention

• The person must not have any criminal intent. The law differentiates between actions done with malicious intent and those taken without criminal intent. If there is no intention to harm, the act is excused under this section.

3. Good Faith

• The action must be performed in good faith, meaning the individual believed honestly and sincerely that their action was necessary to avoid a more serious problem. Good faith is the key justification for the act.

4. Purpose of Preventing Greater Harm

• The harm caused must be to prevent or avoid a greater harm to a person or property. For instance, if someone breaks a door to rescue someone trapped in a fire, the damage to the door is excused because the intent was to prevent the loss of life.

5. No Offense

• Even though the act causes harm, it is not considered an offense as long as the intention was right and in good faith. This protects individuals who make tough decisions to protect others or avoid more serious harm.

6. Illustration

• For example, if someone damages a car to free a person trapped inside during an emergency, the damage is excused. The intent was to save the person’s life, so the harm caused (damage to property) is justified and not considered an offense.

7. Objective

• The goal of BNS-19 is to ensure that people are not penalized for causing harm when their intention is to prevent a greater harm, and they act in good faith without malicious intent.

This section provides a safeguard for individuals who may need to cause minor harm to prevent a larger threat. It allows for a defense based on the intention of avoiding a more serious danger, emphasizing good faith and absence of criminal intent.

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