Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
This provision, carried forward from Section 93 of the Indian Penal Code, 1860, recognizes that doctors, family members, and others sometimes must share hard truths — like a terminal diagnosis — for a person's own benefit. Without this protection, honest, well-intentioned communication could be criminalized simply because the recipient suffered harm from hearing it. The law balances the value of truthful, caring communication against the risk of harm, protecting good-faith speech done for the listener's benefit.
Common misconceptions
- Myth: A doctor can be punished if a patient dies just from hearing bad news about their health.
Fact: If the doctor communicated honestly, carefully, and for the patient's benefit, the law says no offence is committed, even if the shock contributed to the patient's death. - Myth: This provision lets you say anything hurtful as long as you claim good intentions.
Fact: The communication must actually be made in good faith (with honesty and due care) and genuinely for the benefit of the person receiving it — not just claimed to be so.