Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter III: General Exceptions > Communication Made in Good Faith (S. 31 BNS)
Good faith refers to honest intentions, fairness, and a reasonable belief that an action is justifiable under the law. In criminal law, the concept of โgood faithโ plays a crucial role in determining the legality and liability of communications made in various circumstances. Communications made in good faith often serve as a defence against criminal liability, particularly in cases of defamation, privileged statements, and whistle-blower protections. This article explores the legal principles surrounding communication made in good faith under criminal law, its application in different jurisdictions.
Meaning of Good Faith
A person can take the defence only when he acts in good faith and with good intention and believes that his act is justified by law. According to Blackโs law dictionary, the word โjustifiedโ means โthe act done on adequate reason sufficiently supported by credible evidence, when weighed by the unprejudiced mind, guided by common sense and by correct rule of lawโ.
One of the essential ingredients that an offender requires to get Sections 31 defence is that his conduct must be taken in โgood faithโ.
- The term โgood faithโ has been defined in section 2(11) of BNS as โNothing is said to be done or believed without due care and attentionโ.
- Section 3 (22) of the General Clauses Act 1897 defines the term โgood faithโ as โA thing shall be deemed to be done in โgood faithโ where it is in fact done honestly, whether it is done negligently or notโ.
Key Elements of Good Faith:
- Honest Intent: The communicator must believe in the truthfulness or necessity of the statement.
- Reasonable Basis: There must be a rational and justifiable reason to make such communication.
- Absence of Malice: The statement should not be made with an intent to harm, defame, or mislead.
- Public Interest or Duty: In some cases, statements made in good faith serve the public interest or fulfill a legal duty.
Inย Farrell v. State, 32 Ohio St. 456, 459 (877)ย case, the Court observed that the term โhonest beliefโ, and equivalent phrases, are sometimes used to express two different ideas: (1) that the belief must have been sincere and (2) that what was done would have been proper had the facts been as they were mistakenly supposed to be.
Communication Made in Good Faith:
Section 31 BNS:
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 patientโs death.
Section 31 BNS recognizes that sometimes difficult information needs to be conveyed honestly for the welfare of individuals, even if it may cause harm. The provision focuses on the intention behind the communication and protects individuals who act in good faith to provide necessary information for the benefit of others.
Thus, under Section 31 BNS, communication made in good faith may serve as a defence against allegations such as defamation, criminal intimidation, or misleading statements. The burden of proof often rests on the accused to demonstrate that their communication was made with honest intent and without ill motive.
The defence of qualified privilege allows individuals to make statements in good faith under specific circumstances, such as employer recommendations or public interest disclosures. Similarly the Section 31 BNS provides protection for communications made in the public interest. Section 356(1) BNS provides exceptions for statements made in good faith regarding public conduct, proceedings, or criticism of public servants.
Example 1:
A, a cardiologist, informs B, his patient, that he has a severe heart condition and needs immediate surgery. A communicates this in good faith, believing it is in Bโs best interest to know the severity of his condition. B, upon hearing this news, suffers a heart attack due to the shock and passes away. A has not committed an offence under Section 31 BNS because his communication was made in good faith for the benefit of B.
Example 2:
A, a school teacher, tells B, a student, that his academic performance is very poor and he might not pass the year if he does not improve. A communicates this in good faith, intending to motivate B to study harder. Rohan becomes extremely stressed and falls ill due to the pressure. A has not committed an offence under Section 31 BNS because her communication was made in good faith for Bโs benefit.
Example 3:
A doctor informs the wife that her husband has cancer and that his life is in jeopardy. Hearing this, the wife died of shock. The doctor will not be held accountable because he gave this information in good faith.
Example 4:
A, an internal auditor for a major company, discovered fraudulent activities that were impacting shareholders. A chose to disclose this information to the media, knowing it would damage the reputation of the companyโs management. The company sued her for defamation, claiming the communication had caused financial harm. A will get defence of Section 31 because she had communicated the information in good faith and for the publicโs benefit.
Example 5:
A, a journalist published an investigative article on corruption within a government department. The article caused reputational damage to several officials, leading to personal and professional harm. Although the officials sued A for defamation. A can get benefit of Section 31 BNS because his communication was made in good faith and for the public interest.
Conclusion:
Good faith communication serves as a vital legal shield against criminal liability in various legal scenarios, including defamation, whistle-blower disclosures, and official communications. However, its application requires a careful balance between protecting freedom of speech and preventing misuse through reckless or malicious statements. Courts worldwide continue to refine the principles governing good faith communication to ensure justice and fair legal outcomes. Understanding the nuances of good faith under criminal law helps individuals, media professionals, and public officials navigate legal complexities while ensuring responsible communication in society.
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