Section 26 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 26 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses acts not intended to cause death, performed with consent in good faith for the person's benefit. It specifies that such acts are not considered offenses, provided the harm caused is not intended to result in death and is done with the individual's consent, whether express or implied.
Text of Section 26:
"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 surgeon performs an operation on a patient, knowing it may cause death but intending to benefit the patient and with the patient's consent. In this case, the surgeon has committed no offense.
This provision aligns with Section 88 of the Indian Penal Code (IPC), 1860, which similarly exempts acts done in good faith for the benefit of others from being offenses, provided they are not intended to cause death
Section 26 is part of Chapter III, "General Exceptions," in the BNS, 2023, which outlines circumstances under which certain acts are not considered offenses due to factors like consent, good faith, or lack of intent to cause harm.(
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