Section 19 of The Bharatiya Nyaya Sanhita(BNS),2023

Section 19 of The Bharatiya Nyaya Sanhita(BNS),2023

19. 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.