Duty of Good Faith under I.P.C.

Introduction

Good faith is defined under section 52 of the Indian Penal Code. Due Care is the essential part of Duty of Good Faith without which Good faith cannot be said to done or proved. 

The expression of ‘with due care and attention’ is mentioned only under section 52 of the IPC. Over the years, the courts have tried to explain it with their interpretations. 

When a person gives consent to something which may cause death but the doer does it in good faith.

Section 88 of the IPC says that when an act which will likely cause harm; due to the doer which the doer knows that it might cause harm. Or death done in good faith is not considered to be an offense; where the person has expressly or impliedly given his consent. Where the Act is done in benefit for the person with whom this act is done. 

Illustration

 ‘A’ is a surgeon and ‘B’ is his patient who needs to go under a brain surgery. If it doesn’t then ‘B’ will die within a year. However, there is a risk of the surgery going wrong and ‘B’ could die during the surgery. ‘B’ gives the consent to ‘A’ to perform the surgery. Now if ‘B’ dies during the surgery then ‘B’ will not be responsible for it. 

Any Act which is done for the benefit of a child or an insane person with the consent of the guardian.

This is defined under section 89 of the IPC; which says that any act done for the benefit for a person. Under the age of 12 and an unsound by the guardian or with the permission of the guardian. Or any person who lawfully in the charge of the person. He shall not be liable for any offense even though the act is likely to cause harm to that person.

Exception

• If the doer does that intentionally to cause death or attempts to cause death. Then, in this case, the doer cannot defend himself.
• If the Doer abets someone to do his bidding in order to commit some offense. Then, in this case, the doer cannot defend themselves. 

Communication made in good faith

Section 93 of the IPC says that when a communication is done in good faith. Then even if the communication harms the person, the person who communicated in good faith will not be liable for any offense.

Illustration

‘P’ is a doctor and ‘C’ is his patient. ‘C’ is diagnosed with Lung Cancer stage 3. Now ‘P’ communicated this message to ‘C’ in good faith and right after hearing this ‘C’ suffered a heart attack and died instantly. In this case, ‘P’ would not be liable as he communicated the news in good faith. 

Plea of good faith as a defense

Other than the sections mentioned above, there are few other sections present in the IPC where good faith can be used as a defense:

• Section 76 – Any offense committed due to a reason of a mistake of fact done in good faith by that person where he or she believes that they are bound by law to perform such act. 
• Section 77 – This section says that a judge will not be liable for offense when a judge while performing his judicial power where he believes it to be true.
• Section 78 – According to this Act if any act is done in accordance with the law and such law is operative in nature but the judge or magistrate passing such order does not have any jurisdiction to pass such order or judgment but the act was done in good faith by the court, such an act will not be considered an offense.

Conclusion 

As there is no absolute and obvious definition of ‘Good faith’, whatever a human being thinks and does with due care and attention, that comes under ‘Good faith’. It is easy to interpret the definition of good faith when it is compared to the behavior of a person but it is difficult to explain it in a simple and defined way.