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

Bharatiya Nyaya Sanhita, 2023

Section 19 BNS at a Glance

Section 19 BNS deals with act likely to cause harm, but done without criminal intent, and to prevent other harm. It replaced Section 81 IPC on 1 July 2024.

Punishment

None. Section 19 BNS creates no offence.

IPC Equivalent

Section 81 →

Section 19 BNS Bare Act Text

19. 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.

Source: Section 19, Bharatiya Nyaya Sanhita, 2023

Section 19 BNS in Simple Words

Section 19 of the Bharatiya Nyaya Sanhita (BNS) protects a person who does an act with the knowledge that it is likely to cause harm, if the act is 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. It is a general exception in Chapter III and prescribes no punishment.

Under the Explanation to the section, it is a question of fact in each 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. The statutory illustrations cover a ship captain who alters course in good faith to avoid running down a boat with twenty or thirty passengers even though he risks running down a boat with two passengers, and a person in a great fire who pulls down houses in good faith to prevent the fire from spreading and save human life or property.

Ingredients of Section 19 BNS

  • The act is done with the knowledge that it is likely to cause harm
  • It is done without any criminal intention to cause harm
  • It is done in good faith for the purpose of preventing or avoiding other harm to person or property
  • The harm to be avoided was of such a nature and so imminent as to excuse the risk

Punishment Under Section 19 BNS

Imprisonment

None. Section 19 BNS creates no offence.

Fine

None.

Section 19 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 19 BNS

During floods in Assam, an irrigation officer, Rahul Bora, opens a sluice of an embankment knowing that it will flood some farm fields, to save a town of thousands from a breach that is minutes away. He has no intention to harm the farmers and acts in good faith. If the threat was of such a nature and so imminent as to excuse the risk, then under Section 19 BNS the flooding of the fields is not an offence.

When Section 19 BNS Does Not Apply

  • The person acts with a criminal intention to cause harm
  • The person does not act in good faith, that is, with due care and attention
  • The act is not done to prevent or avoid other harm to person or property
  • The harm to be avoided was not of such a nature, or not so imminent, as to excuse the risk

Section 19 BNS in the IPC (Previous Law)

Section 19 BNS replaces Section 81 IPC from the old criminal code.

Section 19 BNS keeps the rule and the Explanation in the same words. In the first illustration it drops the word steam, and it ends that illustration with the boat C where the IPC ends with C.

View IPC Section 81 →

FAQs on Section 19 BNS

Is Section 19 BNS a defence in criminal cases?▼

Yes. Section 19 BNS is a general exception providing that nothing is an offence merely because it is done with the knowledge that it is likely to cause harm, if done without any criminal intention to cause harm and in good faith to prevent or avoid other harm to person or property.

Does Section 19 BNS apply if someone knows their act is likely to cause harm?▼

Yes, Section 19 BNS is specifically meant for acts done with the knowledge that they are likely to cause harm. However, the person must act without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to person or property.

How does a court decide whether the risk of harm was justified under Section 19 BNS?▼

Under the Explanation to Section 19 BNS, it is a question of fact in each 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.

What situations are given in the illustrations to Section 19 BNS?▼

Section 19 BNS gives two illustrations: a vessel captain who changes course in good faith to avoid running down a boat with twenty or thirty passengers while risking running down a boat with two passengers, and a person in a great fire who pulls down houses in good faith to stop the fire from spreading and save human life or property.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·