19
19
Act likely to cause harm, but done without criminal intent, and to prevent other harm
Bharatiya Nyaya Sanhita, 2023
Chapter III General Exceptions
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsNecessityPreventing HarmGeneral Exceptions
🗣️ Simple Explanation
What does this law say?
Section 19 of the BNS says that if you do something that might cause harm, but you do it to prevent a bigger harm, you are not guilty. This is true if you didn't mean to cause harm and acted in good faith to prevent other harm to people or property.
Why does this law exist?
This law allows people to make difficult choices to save lives or property. It recognizes that sometimes, causing a small amount of harm is necessary to prevent a much bigger disaster. It promotes the greater good.
Real-life impact
Imagine a firefighter breaking a window to save someone from a fire. The firefighter might cause some damage, but they are not guilty because they were trying to save a life. This section helps protect those acting to prevent greater harm.
What happens if you break this law?
This section protects you from being punished. If you acted in good faith to prevent greater harm, you are not guilty. There is no punishment under this section.
💡 Real Life Example
A captain steers his ship away from a larger boat to save it, even if it means hitting a smaller boat. The captain is not guilty because he was trying to save lives.
Amit, during a flood, breaks a wall to divert water away from homes, even if it floods a field. Amit is not guilty because he was trying to prevent greater damage to property.
🛡️ KNOW YOUR RIGHTS
- •Understand your right to act to prevent greater harm.
- •Act in good faith, with the intention of preventing harm.
- •Seek legal advice if unsure about your actions.
❓ FREQUENTLY ASKED QUESTIONS
Section 19 of BNS protects you if you cause some harm to prevent a bigger harm. If you didn't mean to cause harm and acted in good faith to prevent other harm to people or property, you are not guilty. This section replaces the old law. It allows people to make difficult choices to save lives or property.
This section itself doesn't define a crime, so it doesn't have bail. It's a defense. If you are charged with a crime, whether it's bailable depends on the specific crime you are accused of. This section replaces the old law.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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