Section 31 BNS: Communication Made in Good Faith
Section 31 of the Bharatiya Nyaya Sanhita, 2023 creates a general exception for a communication made in good faith for the benefit of the person to whom it is made. If the statutory conditions are satisfied, the communication does not become an offence merely because it causes harm to that person.
Text of Section 31 of the Bharatiya Nyaya Sanhita, 2023
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.
What Section 31 BNS means
Section 31 protects certain beneficial communications that may nevertheless cause harm, distress or shock to the recipient. The protection is not based merely on the fact that the communication was true or that the speaker believed it to be useful. The communication must satisfy the statutory requirement of good faith and must be made for the benefit of the person receiving it.
| Element | Requirement under Section 31 |
|---|---|
| Communication | There must be a communication made to a person. |
| Good faith | The communication must be made with the due care and attention required by Section 2(11) BNS. |
| Benefit | The communication must be made for the benefit of the person to whom it is made. |
| Harm caused | Even if harm results from the communication, the harm alone does not make the communication an offence where the statutory conditions are satisfied. |
Definition of "good faith" under Section 2(11) BNS
Section 2(11) of the Bharatiya Nyaya Sanhita states that nothing is said to be done or believed in "good faith" if it is done or believed without due care and attention.
This definition is important when applying Section 31. A person cannot ordinarily rely only on honesty of intention. The circumstances should also demonstrate the degree of care and attention reasonably required before making the communication.
Illustration under Section 31 BNS
A surgeon, acting in good faith, communicates to a patient the surgeon's opinion that the patient cannot live. The patient dies because of the shock. The illustration states that the surgeon has committed no offence even though the surgeon knew that the communication was likely to cause the patient's death.
Why the statutory illustration matters
The illustration shows that Section 31 may apply even where the communicator knows that the communication could cause serious harm. The decisive statutory considerations are good faith and the benefit of the person receiving the communication.
The illustration should not be read as an unrestricted privilege to communicate harmful information. Whether the exception applies in an actual case will depend on the facts, including the purpose of the communication and whether due care and attention were exercised.
Section 31 BNS and former Section 93 IPC
Section 31 BNS substantially corresponds to Section 93 of the Indian Penal Code, 1860, which was also titled "Communication made in good faith." Section 358 of the Bharatiya Nyaya Sanhita repeals the Indian Penal Code, subject to the savings contained in that provision.
Accordingly, Section 31 BNS is the current corresponding provision after commencement of the BNS, while older conduct or proceedings may still require consideration of the IPC together with the statutory savings clause.
Issues relevant when applying Section 31
The applicability of Section 31 may turn on whether the communication was genuinely intended to benefit the recipient, whether adequate care was taken before making it, whether the communicator had a proper basis for the information or opinion conveyed, and whether the circumstances supported communicating the information in the particular manner chosen.
Quick summary of Section 31 BNS
- Section 31 is a general exception and does not prescribe a punishment.
- The protection concerns a communication made to a person.
- The communication must be made in good faith.
- Section 2(11) defines good faith by reference to due care and attention.
- The communication must be made for the benefit of the recipient.
- Harm resulting from the communication does not by itself make the communication an offence where the statutory requirements are satisfied.
- Section 31 substantially corresponds to former Section 93 IPC.
Updated for the law in force as of September 7, 2026.