Good Faith in Legal Terms

Section 52 of Indian Penal Code: Good Faith- Nothing is said to be done or believed in “Good Faith” which is done or believed without due care and attention.

Good Faith has a special significance under Criminal Law.

In Bux Chowdry v. King, AIR 1938, it was held that an accused who let his servant work outside the area covered by his license without taking the precaution to ascertain whether that area was covered by his license or not, cannot be said to have acted in good faith even though there may have been no element of dishonesty in his conduct.

The provision hence, regards honesty as immaterial and the presence of “care” and “intention” the sole criteria of good faith.

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Adv. Nilesh Gupta

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