Communications made in good faith
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- Topic
Sec 93 of the Indian Penal Code, 1860 provides the general defense to communications made under good faith. It means that the bona fide intention of the communicator plays a significant role in determining good faith.
Ques: What is the threshold of knowledge and intention required to presume that communication has been made in “good faith”?
- Replies
Under I.P.C in chapter 4 General Exceptions it covers a very important aspect i.e section
92:-
Act done in good faith for benefit of a person without consent it clearly states that no
communication which is made in good faith is an offence by reason of any harm to the
person in whose favour it is being made is just for the benefit of such person ,
circumstances evolve where it is impossible to take consent ,done in good faith for
benefit of such person,wherein person doesn’t have any guardian to obtain consent at the
time of taking consent,that the person is incapable of giving his/her consent .It is a kind
of defence available to the person who is accused of any offence by showing the other
side of the card that how the situation was lacking the principle of criminal intention and
any intention to cause any harm behind such act and to making sure court of law believes
in it aswell.
Exception to the given section
1.If the person accused of an offence does an act with an intention to cause death ,harm or abet
such an offence and tries covering his/her offence under this section is not capable of taking
blanket under this section
2.if the doer knows by doing such an act can cause harm,death cannot take plea under this
section.
3.if the doer abets someone to commit an offence can’t be protected under this section.
Lets clearly see it with the help of an example when a person can be protected under given
section:-
Take a plea:-
Tina is on 9th floor with her 2 yr old child and her flat is on fire in order to save her child she
throws him out of the window to save him from fire wherein people are standing holding a
blanket to save the child now Tina knows throwing her child out of the window can cause his
death but does that in good faith then Tina in the given situation has not done any offence
And cannot be held guilty under the given situation
This exception basically helps doctors, lawyers and other professionals to be protected by any
kind of information which is given by them in good faith and reasonable care must be exercised
while making such communication.
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