Good Faith (Section 52 Indian Penal Code, 1860) – Summary
Good faith has not been defined in the Indian Penal Code in positive terms. Section 52 of the Code gives only a negative definition by saying that “nothing is said to be done or delivered in “good faith’ which is done or delivered without due care and attention.” Absence of good faith, according to the Code, only means carelessness or negligence. Mere good faith in the sense of simple belief with any grounds for believing is not sufficient; the belief must be some reasonable, not an absurd belief; that is, there must be some reasonable ground for it. Good faith requires due care and attention.The phrase “due care and attention” implies genuine effort to reach the truth and not ready acceptance of an ill-nurtured belief.It has been held that when…