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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions

Section 19 BNS: Act likely to cause harm, but done without criminal intent, and to prevent other harm

Corresponding IPC
Section 81 IPC

Bare Act text

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.

Illustrations.

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.

(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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Nothing is an offence merely because it is done knowing it is likely to cause harm, if it is done without any criminal intention to cause harm and in good faith to prevent or avoid other harm to person or property. An Explanation says it is a question of fact whether the harm to be prevented was of such a nature and so imminent as to justify or excuse the risk taken. Illustrations include a vessel captain who changes course to avoid a boat carrying twenty or thirty passengers, at the risk of running down a boat with two passengers, and a person who pulls down houses in a great fire to stop it spreading.

Chapter III: General Exceptions

  1. 14 Act done by a person bound, or by mistake of fact believing himself bound, by law
  2. 15 Act of Judge when acting judicially
  3. 16 Act done pursuant to judgment or order of Court
  4. 17 Act done by a person justified, or by mistake of fact believing himself justified, by law
  5. 18 Accident in doing a lawful act
  6. 19 Act likely to cause harm, but done without criminal intent, and to prevent other harm
  7. 20 Act of a child under seven years of age
  8. 21 Act of a child above seven and under twelve years of age of immature understanding
  9. 22 Act of a person of unsound mind
  10. 23 Act of a person incapable of judgment by reason of intoxication caused against his will
  11. 24 Offence requiring a particular intent or knowledge committed by one who is intoxicated
  12. 25 Act not intended and not known to be likely to cause death or grievous hurt, done by consent
  13. 26 Act not intended to cause death, done by consent in good faith for person's benefit
  14. 27 Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
  15. 28 Consent known to be given under fear or misconception
  16. 29 Exclusion of acts which are offences independently of harm caused
  17. 30 Act done in good faith for benefit of a person without consent
  18. 31 Communication made in good faith
  19. 32 Act to which a person is compelled by threats
  20. 33 Act causing slight harm
  21. 34 Things done in private defence
  22. 35 Right of private defence of body and of property
  23. 36 Right of private defence against act of a person of unsound mind, etc
  24. 37 Acts against which there is no right of private defence
  25. 38 When right of private defence of body extends to causing death
  26. 39 When such right extends to causing any harm other than death
  27. 40 Commencement and continuance of right of private defence of body
  28. 41 When right of private defence of property extends to causing death
  29. 42 When such right extends to causing any harm other than death
  30. 43 Commencement and continuance of right of private defence of property
  31. 44 Right of private defence against deadly assault when there is risk of harm to innocent person of abetment
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