Act likely to cause harm, but done without criminal intent, and to prevent other harm
Section 19 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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 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 the boat 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.
Section 19, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 81 Act likely to cause harm, but done without criminal intent, and to prevent other harm Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bingi Kanakaiah vs The State of Andhra Pradesh Rep.by Its Public Prosecutor
Decided under Indian Penal Code 81, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a moving vehicle collides with a stationary vehicle from behind, and multiple credible witnesses consistently testify that the accident was caused by rash and negligent driving of the moving vehicle, the driver cannot escape criminal liability by merely suggesting an alternative narrative (such as swerving to avoid another vehicle) without providing cogent and convincing evidence or testifying under Section 313 Cr.P.C. The burden of establishing the defense of inevitable accident under Section 81 IPC lies on the accused, and failure to discharge this burden results in conviction for causing death by negligence under Section 304-A IPC.
On this section: Act likely to cause harm but done without criminal intent and to prevent other harm - Discussed as potential defense but rejected as the accused failed to establish it with evidence
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 19
What have the courts held on Section 19 of the Bharatiya Nyaya Sanhita?
Bingi Kanakaiah vs The State of Andhra Pradesh Rep.by Its Public Prosecutor (20 Aug 2011) is the leading judgment on this section among those set out below, though it was decided under IPC 81, which this section replaced -- the court never mentioned this Act: Act likely to cause harm but done without criminal intent and to prevent other harm - Discussed as potential defense but rejected as the accused failed to establish it with evidence.
How do I find court cases under Section 19 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 19, section 19 BNS, section 19 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bingi Kanakaiah vs The State of Andhra Pradesh Rep.by Its Public Prosecutor (20 Aug 2011).
What should I read with Section 19 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 81 (Act likely to cause harm, but done without criminal intent, and to prevent other harm), so the judgments decided under that provision are the case law on this one.
When did Section 19 of the Bharatiya Nyaya Sanhita come into force?
Section 19 of the Bharatiya Nyaya Sanhita, cited as BNS 19, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.