Section 31 BNS: Communication made in good faith

Bharatiya Nyaya Sanhita, 2023

Section 31 BNS at a Glance

Section 31 BNS deals with communication made in good faith. It replaced Section 93 IPC on 1 July 2024.

Punishment

None. Section 31 BNS creates no offence.

IPC Equivalent

Section 93 →

Section 31 BNS Bare Act Text

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.

Illustration

A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

Source: Section 31, Bharatiya Nyaya Sanhita, 2023

Section 31 BNS in Simple Words

Section 31 of the Bharatiya Nyaya Sanhita (BNS) protects a person who makes a communication in good faith for the benefit of the person to whom it is made. The idea is simple: if someone speaks honestly, with due care and attention, for the benefit of another person, the law does not treat that communication as an offence merely because it causes harm to that person. This section is mainly relevant in situations where a doctor, relative, friend, employer, or other person gives a warning, medical opinion, or disclosure meant to help the recipient.

It applies only when the communication is made in good faith and for the other person’s benefit. If the statement is malicious, careless, or not meant for that person’s benefit, this protection will not apply. In practice, Section 31 BNS matters because it protects honest and beneficial disclosures even when the shock or impact of the news causes serious harm to the recipient.

Ingredients of Section 31 BNS

  • A communication is made to a person
  • It is made in good faith
  • It is made for the benefit of the person to whom it is made

Punishment Under Section 31 BNS

Imprisonment

None. Section 31 BNS creates no offence.

Fine

None.

Section 31 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 31 BNS

In Chennai, a doctor tells a patient with a failing heart, in good faith and so that he can settle his affairs, that he has only weeks to live. The patient suffers a collapse from the shock and dies. Under Section 31 BNS the doctor has committed no offence, as the communication was made for the benefit of the patient.

When Section 31 BNS Does Not Apply

  • The communication is not made in good faith
  • The communication is not made for the benefit of the person to whom it is made
  • The harm is to someone other than the person to whom the communication is made

Section 31 BNS in the IPC (Previous Law)

Section 31 BNS replaces Section 93 IPC from the old criminal code.

Section 31 BNS keeps the exception and the illustration word for word. The only difference is that the BNS prints Illustration with a full stop on a line of its own.

View IPC Section 93 →

FAQs on Section 31 BNS

What does Section 31 BNS protect?▼

It protects a person who makes a communication in good faith for the benefit of the person receiving it. The law recognises that honest warnings, advice, or disclosures should not become the basis of liability just because they cause harm to the recipient. The key is good faith and benefit to that person.

Can a false statement be covered under Section 31 BNS?▼

No. If the statement is knowingly false, reckless, or made with malice, the protection will not apply. Good faith is the heart of this section, and without it the defence fails.

Is Section 31 BNS a punishment section?▼

No. It does not create any offence or prescribe any sentence. It works as a legal protection when a person acts honestly and for another’s benefit.

Has Section 31 BNS changed the rule under the new law?▼

Section 31 of the Bharatiya Nyaya Sanhita (BNS), 2023 keeps the same rule as the earlier code. The substance remains unchanged, so established principles still help in reading this provision.

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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 ·