Section 27 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 27 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses acts performed in good faith for the benefit of a child under twelve years of age or a person of unsound mind, provided such acts are done with the consent of their guardian.(
📜 Text of Section 27
Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of 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;
(d) the abetment of any offence, to the committing of which offence it would not extend.
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
⚖️ Key Points
Good Faith Actions: Acts performed with genuine intent to benefit the individual, even if they result in harm, are not considered offences.
Guardian's Consent: The act must be done with the express or implied consent of the guardian or person legally responsible.
Exceptions: The provision does not protect acts that intentionally cause death or grievous harm, or those that are likely to cause such harm without a justifiable reason.
Illustrative Example: A surgeon performing a high-risk operation on a child without the child's consent, but with the guardian's consent, aiming to cure a serious condition, would be protected under this section, provided the intent was not to cause harm.
🆚 Comparison with IPC
Section 27 of the BNS aligns closely with Section 89 of the Indian Penal Code (IPC), which provides a similar defence for acts done in good faith for the benefit of a child or person of unsound mind. However, the BNS offers a more detailed framework, specifying the conditions under which such acts are protected and outlining clear exceptions to prevent misuse. (
🧠 Practical Implications
This provision is particularly relevant in medical and caregiving contexts, where decisions often involve balancing potential risks and benefits. It ensures that individuals acting in the best interests of vulnerable persons are not unduly penalized, while also safeguarding against actions that could cause significant harm under the guise of good intentions.
RELATED Blog
0 comments