Section 81 IPC: Act likely to cause harm, but done without criminal intent, and to prevent other harm

Indian Penal Code, 1860

Section 81 IPC at a Glance

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

Punishment

None. Section 81 IPC creates no offence.

BNS Equivalent

Section 19 →

Section 81 IPC Bare Act Text

81. 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 steam 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 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 81, Indian Penal Code, 1860

Section 81 IPC in Simple Words

Section 81 of the Indian Penal Code (IPC) protects an act done knowing that it is likely to cause harm, when it is done without any criminal intention to cause harm and in good faith to prevent or avoid other harm to person or property. Whether the harm to be avoided was serious and near enough to excuse the risk is a question of fact.

Ingredients of Section 81 IPC

  • 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 81 IPC

Imprisonment

None. Section 81 IPC creates no offence.

Fine

None.

Section 81 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 81 IPC

In 2020 on a mountain road in Dehradun, bus driver Devendra Negi lost his brakes on a steep descent while approaching a crowded school bus stop. Knowing that swerving into a roadside apple orchard was likely to cause harm to the property of Mohan Rawat, he steered into the orchard. He acted without any criminal intention to cause harm and in good faith to prevent imminent harm to the children ahead. Because the harm to be prevented was of such a nature and so imminent as to excuse the risk, the act is not an offence because of Section 81 IPC.

When Section 81 IPC Does Not Apply

  • Section 81 IPC does not apply when the person acts with a criminal intention to cause harm.
  • Section 81 IPC does not apply when the person does not act in good faith for the purpose of preventing or avoiding other harm to person or property.
  • Section 81 IPC does not apply when the threatened harm to person or property is neither serious enough nor imminent enough to justify or excuse the risk taken.

Section 81 IPC in the BNS

Section 81 IPC is now covered under Section 19 BNS.

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 detailed comparison (IPC 81 vs BNS 19) →

FAQs on Section 81 IPC

What does Section 81 IPC say?▼

That nothing is an offence merely because it is done knowing it is likely to cause harm, if done without criminal intention and in good faith to prevent or avoid other harm to person or property.

Under Section 81 IPC, who decides whether the harm to be avoided was serious enough?▼

The Explanation makes it a question of fact whether that harm was of such a nature and so imminent as to justify or excuse the risk.

Does Section 81 IPC protect an act done with criminal intention?▼

No. The act must be done without any criminal intention to cause harm.

Is Section 81 IPC an offence?▼

No. It is a General Exception in Chapter IV, so an act within it is not an offence.

What is the BNS equivalent of Section 81 IPC?▼

Section 19 BNS, with the Explanation and both illustrations.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·