"Good faith"
Section 52 of the Indian Penal Code, 1860 deals with "Good faith". Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.
Section 52, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 2 Definitions Close, with changes 70%
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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 8
- Amendments proposed in the Persons with Disabilities Act s. 81
- Assam Public Procurement Act s. 51 Protection of action taken in good faith
- Maharashtra Lokayukta Act s. 51 Prosecution for false complaint and payment of compensation, etc., to public servant
- Maharashtra Police Act s. 22T Prosecution for false complaint against Police Officer
- Meghalaya Lokayukta Act, 2014 (Act No. 4 of 2014) s. 47 Prosecution for false complaint and payment of compensation etc to public servant
- Punjab Excise Act, 1914(Bare Act ) s. 57 Bar of suits
- Rajasthan Transparency in Public Procurement Act s. 51 Protection of action taken in good faith
- Uttarakhand Lokayukta Act s. 46
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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Basangouda vs Durgappa
Court's Decision & Legal Precedent
Where a criminal complaint alleges defamatory statements made by one accused but does not contain specific allegations against another accused, and the sworn statement of the complainant does not establish that the second accused made any defamatory statements (but only that he drafted the complaint), the prosecution of the second accused would constitute abuse of process of law and the proceedings should be quashed under Section 482 CrPC for lack of prima facie allegations.
On this section: Definition of good faith - nothing is done in good faith which is done without due care and attention
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Sri Uday S/o Ramanath Naik vs Sri Durgappa S/o Durgappa Machennavar
Court's Decision & Legal Precedent
At the preliminary stage of cognizance under Section 482 CrPC, when the sworn statement of the complainant and documents produced establish a prima facie case of defamation by clearly stating that the accused made derogatory and libellous statements that lowered the complainant's reputation, the High Court cannot quash the proceedings. Questions of good faith, the circumstances under which imputations were made, the intention of the accused, and whether the imputations were made with due care and attention are matters of evidence and questions of fact to be examined during trial based on evidence, not at the preliminary stage. The accused cannot dispute questions of fact at the preliminary stage under Section 482 CrPC.
On this section: Definition of good faith - nothing is said to be done in good faith which is done without due care and attention
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In order to attract the Ninth Exception to Section 499 of the Indian Penal Code, the imputations must be shown to have been made (1) in good faith, and (2) for the protection of the interest of the person making it or of any other person or for the public good. 'Good Faith' is defined, in a negative fashion, by Section 52, Indian Penal Code as follows: "Nothing is said to be done or believed in 'Good faith' which is done or believed without due care and attention". The insistence is upon the exercise of due care and attention. Recklessness and negligence are ruled out by the very nature of the definition. The standard of care and …
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… In order to attract the Ninth Exception to Section 499 of the Indian Penal Code, the imputations must be shown to have been made (1) in good faith, and (2) for the protection of the interest of the person making it or of any other person or for the public good. 'Good Faith' is defined, in a negative fashion, by Section 52, Indian Penal Code as follows: "Nothing is said to be done or believed in 'Good faith' which is done or believed without due care and attention". The insistence is upon the exercise of due care and attention. Recklessness and negligence are ruled out by the very nature of the definition. The standard of care and …
Questions about Section 52
What have the courts held on Section 52 of the Indian Penal Code?
Basangouda vs Durgappa (17 Jan 2025) is the leading judgment on this section among those set out below: Definition of good faith - nothing is done in good faith which is done without due care and attention. Another 1 judgment on this section is set out below. They run from 2024 to 2025.
How do I find court cases under Section 52 of the Indian Penal Code?
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: IPC 52, section 52 IPC, section 52 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Basangouda vs Durgappa (17 Jan 2025).
What should I read with Section 52 of the Indian Penal Code, and has it changed?
8 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 2 (Definitions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 52 of the Indian Penal Code come into force?
Section 52 of the Indian Penal Code, cited as IPC 52, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.