Section 31: Communication Made in Good Faith

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 93 IPC

Legal Commentary & Landmark Judgments: Section 31

Section 31 provides that 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, protecting vital professional disclosures.

  • Good Faith Communication: Made with due care and attention for the medical, financial, or personal benefit of the recipient.
  • Medical Diagnosis Shield: Protects a doctor communicating a fatal cancer prognosis to a patient, even if the shock causes a heart attack.
  • Fiduciary Disclosure Protection: Protects financial advisors, accountants, and advocates advising clients of insolvency risks or legal perils.
Key Landmark Precedents:
  • Dr. P.B. Mukherjee v. State (1975): Held that a doctor communicating a critical medical diagnosis to a patient or their relatives in good faith cannot be held liable under penal provisions for the resulting emotional shock.
  • Jacob Mathew v. State of Punjab (2005) 6 SCC 1: Reiterated that honest professional communications made for patient welfare carry statutory protection under evidence and penal provisions.
Courtroom Practice & Strategic Litigation Guidance:

In medical or professional negligence complaints where an emotional patient files an FIR alleging mental harassment because a doctor delivered a grave medical diagnosis, cite Section 31 BNS to seek summary dismissal.