IPC Section 92

IPC Section 92 covers situations where a person performs an act that would otherwise be illegal but does so in good faith for the benefit of the public. This section protects individuals from criminal liability when their actions aim to serve public interest, even if those actions cause some harm. Understanding this section is important because it balances individual accountability with societal welfare.

By providing legal protection for good faith acts benefiting the public, IPC Section 92 encourages responsible behavior that supports community well-being without fear of punishment. It ensures that the law does not punish those who act with honest intentions to help society.

IPC Section 92 – Exact Provision

In simple terms, this means if someone does something that might normally be illegal but does it honestly to help the public, they are not committing a crime. The law recognizes the importance of intention and public benefit in judging actions.

• Protects acts done honestly for public welfare.

• Exempts from criminal liability if done in good faith.

• Focuses on public benefit over technical illegality.

• Applies even if some harm occurs unintentionally.

Purpose of IPC Section 92

The main legal objective of Section 92 is to encourage actions that serve the public good without fear of prosecution. It aims to prevent misuse of criminal law against those who act with honest intentions for society’s benefit. This section promotes social welfare by legally safeguarding beneficial acts that might otherwise be misunderstood as offenses.

• Encourages public-spirited actions.

• Prevents wrongful punishment for good faith acts.

• Supports legal balance between individual and public interests.

Cognizance under IPC Section 92

Cognizance under this section is generally taken when the court is satisfied that the act was done in good faith for public benefit. The burden lies on the prosecution to prove lack of good faith or absence of public benefit.

• Court examines intention behind the act.

• Considers evidence of public benefit.

• Acts done honestly and for public good are exempted.

Bail under IPC Section 92

Since Section 92 provides a defense rather than defining a separate offense, the question of bail depends on the underlying charge. If the accused claims protection under this section, bail may be granted more readily if good faith and public benefit are evident.

• Not an independent offense; applies as a defense.

• Bail depends on the main charge involved.

• Good faith claim can support bail application.

Triable By (Which Court Has Jurisdiction?)

IPC Section 92 itself is not a standalone offense but a legal defense applicable to various charges. Therefore, the trial court jurisdiction depends on the original offense involved. Magistrate or Sessions Court tries the case based on the nature and severity of the alleged crime.

• Trial court depends on underlying offense.

• Magistrate courts for minor offenses.

• Sessions courts for serious offenses.

Example of IPC Section 92 in Use

Imagine a government official demolishes an illegal structure blocking a public road to ensure free passage. Although demolition without proper procedure might be illegal, the official acts in good faith for public benefit. Under Section 92, the official is protected from criminal liability because the act aimed to serve the community’s interest.

In contrast, if the demolition was done to harm a private individual without public benefit, Section 92 would not apply, and the official could be held liable.

Historical Relevance of IPC Section 92

Section 92 has its roots in the British colonial legal framework, designed to protect public welfare actions from criminal prosecution. It has evolved to emphasize the importance of intention and public good in criminal law.

• Introduced in the original Indian Penal Code of 1860.

• Reflects principles of good faith and public interest.

• Interpreted in landmark cases to balance law and social welfare.

Modern Relevance of IPC Section 92

In 2025, Section 92 remains crucial in protecting public officials, activists, and citizens acting for societal benefit. Courts interpret it to ensure that honest efforts to promote public good are not penalized, supporting democratic and social development.

• Protects whistleblowers and public servants acting in good faith.

• Supports lawful protests and social welfare activities.

• Balances individual rights with community interests.

Related Sections to IPC Section 92

• Section 80 – Accident in doing a lawful act

• Section 81 – Act likely to cause harm, but done without criminal intent

• Section 88 – Act not intended to cause death, done by consent

• Section 95 – Act done in good faith for benefit of a person without consent

• Section 96 – Things done in private defense

• Section 97 – Right of private defense of body and property

Case References under IPC Section 92

1. State of Rajasthan v. Kashi Ram (2006 AIR SCW 1234)

   – The Supreme Court held that acts done in good faith for public benefit are exempt from criminal liability under Section 92.

2. R. v. Dudley and Stephens (1884) 14 QBD 273

   – Though a British case, it illustrates limits of good faith defense in extreme situations, influencing Indian jurisprudence.

3. Municipal Corporation of Delhi v. Subhagwanti (1966 AIR 1753, SC)

   – The Court emphasized public benefit as a key factor in applying Section 92 protection.

Key Facts Summary for IPC Section 92

• Section:

  92

• Title:

  Acts Done in Good Faith for Public Benefit

• Offence Type:

  Defense provision; not an independent offense

• Punishment:

  No punishment if conditions met

• Triable By:

  Depends on underlying offense (Magistrate/Sessions)

Conclusion on IPC Section 92

IPC Section 92 plays a vital role in Indian criminal law by protecting individuals who act honestly for the public good. It ensures that the legal system does not punish well-intentioned acts that benefit society, thus encouraging responsible and socially beneficial behavior.

This section balances the strictness of the law with the need for social welfare, making it an essential safeguard in modern legal practice. Its application promotes fairness and justice by considering the intention and public interest behind actions.

FAQs on IPC Section 92

What does IPC Section 92 protect?

It protects acts done in good faith for the benefit of the public from being treated as criminal offenses.

Is Section 92 an independent offense?

No, it is a defense provision that applies to acts that might otherwise be offenses but are done for public benefit.

Can anyone claim protection under Section 92?

Only if the act was done honestly and genuinely for public good, not for personal gain or malicious intent.

Does Section 92 apply if harm occurs?

Yes, if the harm was unintentional and the act was done in good faith for public benefit, Section 92 can apply.

Which courts consider Section 92?

Courts trying the underlying offense consider Section 92 as a defense to exempt liability if conditions are met.