The term, "Good Faith" according to Harbhajan Singh V State of Punjab, AIR 1961 Punj215 precludes pretence or deceit and also negligence and recklessness. Lack of diligence, which an honest man of ordinary prudence is accustomed to exercise, is, in law, want of good faith. " Nothing is said to be done or believed in good faith which is done or believed without due care and attention." The words "due care " and "attention" are of importance and on proper analysis of meaning it is delivered that a thing shall be deemed to be done in good faith where in fact it is done with due care and attention. The plea of good
faith if established will negative criminal liability but before exonerating the liability the court should take into account the accused's intellectual capacity, his status and surrounding facts and circumstances in which he acted. In Doraswamy Pillai v Emperor 1 Cri LJ274:ILR 27 Mad52, Movements of the accused of suspicious character were watched by the police. police constable knocked at his door at about midnight to see if he was present. The accused came out, abused and pushed the constable whose turban fell to the ground. then he brought a stick from inside and lifted it up as if he was going to beat the constable with it. it was held that the constable could not be regarded as acting in good faith under colour of his office as he was off duty.
