Meaning of good faith in criminal law
The expression "good faith" in criminal jurisprudence has a definite connotation. Its import is totally different from saying that the person concerned has honestly believed the truth of what is said. Good faith is defined in Section 52 of I.P.C. thus :
"Nothing is said to be done or believed in 'good faith' which is done or believed without the due care and attention."
56. Therefore, the meaning of the expression "good faith" is what is done with "due care and attention". Due care denotes the degree of reasonableness in the care sought to be exercised. So, before a person proposes to make an imputation, he must first make an enquiry into the factum of the imputation which he proposes to make. It is not enough that he does just a make-believe show for an enquiry. The enquiry expected of him is of such a depth as a reasonable and prudent man would make with the genuine intention in knowing the real truth of the imputation. If he does not do so he cannot claim that what he did was bona fide i.e. done in good faith. Thus, a contemner, if he is to establish "good faith" has to say that he conducted a reasonable and proper enquiry before making an imputation. This is the meaning and interpretation given for the expression "good faith" by the Apex Court in AIR 2001 SC 2374.
https://www.lawweb.in/2012/08/meaning-of-good-faith-in-criminal-law.html
"Nothing is said to be done or believed in 'good faith' which is done or believed without the due care and attention."
56. Therefore, the meaning of the expression "good faith" is what is done with "due care and attention". Due care denotes the degree of reasonableness in the care sought to be exercised. So, before a person proposes to make an imputation, he must first make an enquiry into the factum of the imputation which he proposes to make. It is not enough that he does just a make-believe show for an enquiry. The enquiry expected of him is of such a depth as a reasonable and prudent man would make with the genuine intention in knowing the real truth of the imputation. If he does not do so he cannot claim that what he did was bona fide i.e. done in good faith. Thus, a contemner, if he is to establish "good faith" has to say that he conducted a reasonable and proper enquiry before making an imputation. This is the meaning and interpretation given for the expression "good faith" by the Apex Court in AIR 2001 SC 2374.
Madras High Court
In Re: R. Kaaruppan vs Unknown on 17 April, 2004
Equivalent citations: 2004 CriLJ 4284
Bench: M Karpagavinayagam, F I Kalifullah, S A Kumar
JUDGMENThttps://www.lawweb.in/2012/08/meaning-of-good-faith-in-criminal-law.html
