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Section81
The Indian Penal Code, 1860

Act likely to cause harm, but done without criminal intent, and to prevent other harm

Repealed From 01 Jan 1862 Act 45 of 1860 As on 15 Oct 2026

Act 45 of 1860 Ministry Home Affairs Enacted 06 Oct 1860 In force 01 Jan 1862

This provision is repealed. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 81 of the Indian Penal Code, 1860 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 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 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 steam 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 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 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 81, The Indian Penal Code, 1860 (Act 45 of 1860).

Now in the Bharatiya Nyaya Sanhita

BNS 19 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.

  1. Bingi Kanakaiah vs The State of Andhra Pradesh Rep.by Its Public Prosecutor

    High Court 20 Aug 2011 Persuasive (Other High Court)

    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

    Read the full order on eCourts India

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 81

What have the courts held on Section 81 of the Indian Penal Code?

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: 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 81 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 81, section 81 IPC, section 81 of the Indian Penal Code. 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 81 of the Indian Penal Code, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNS 19 (Act likely to cause harm, but done without criminal intent, and to prevent other harm), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 81 of the Indian Penal Code come into force?

Section 81 of the Indian Penal Code, cited as IPC 81, 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

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.