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Section 26 BNS to Section 31 BNS| Section 27 BNS| Section 28 BNS| Section 29 BNS| Section 30 BNS

Section 26 BNS| Bharatiya Nyaya Sanhita (BNS):


Act not intended to cause death, done by consent in good faith for person's benefit.


Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely

to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.


Illustration.


A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.


Section 27 BNS| Bharatiya Nyaya Sanhita (BNS):


Act done in good faith for benefit of child or person with unsound mind, by or by consent of guardian


Nothing which is done in good faith for the benefit of a person under twelve years

of age, or of person with unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be

likely to cause to that person:


Provided that this exception shall not extend to––


(a) the intentional causing of death, or to the attempting to cause death;


(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;


(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; extend.


(d) the abetment of any offence, to the committing of which offence it would not


Illustration.


A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, in as much as his object was the cure of the child.


Section 28 BNS| Bharatiya Nyaya Sanhita (BNS):


Consent known to be given under fear or misconception.


A consent is not such a consent as is intended by any section of this Sanhita,––


(a) if the consent is given by a person under fear of injury, or under a misconception

of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or


(b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or


(c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.




Section 29 BNS| Bharatiya Nyaya Sanhita (BNS):


Exclusion of acts which are offences independently of harm caused.


The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.


Illustration.


Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.


Section 30 BNS| Bharatiya Nyaya Sanhita (BNS):


Act done in good faith for benefit of a person without consent


Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:


Provided that exception shall not extend to––

(a) the intentional causing of death, or the attempting to cause death;

(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

(d) the abetment of any offence, to the committing of which offence it would not extend.


Illustrations.


(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.


(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence.


(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.


(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.


Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section.


Section 31 BNS| Bharatiya Nyaya Sanhita (BNS):


Communication made in good faith.


No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.


Illustration.


A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.


Section 26 BNS| Section 27 BNS| Section 28 BNS| Section 29 BNS| Section 30 BNS| Section 31 BNS

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