Section 30 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 30 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses situations where harm caused to an individual is not considered an offence due to the act being done in good faith for their benefit, even without their consent.
Key Provisions:
Good Faith and Beneficial Intent: An act is not an offence if it causes harm to a person for whose benefit it is done in good faith, even without that person's consent. This applies if the circumstances make it impossible for the person to signify consent or if they are incapable of giving consent and have no guardian or lawful representative from whom consent can be obtained in time.
Exceptions: This exception does not apply to:
Intentional causing or attempting to cause death.
Actions known to be likely to cause death, unless for preventing death or grievous hurt or curing a grievous disease or infirmity.
Voluntary causing or attempting to cause hurt, unless for preventing death or hurt.
Abetment of any offence to which this exception would not extend.
Illustrations:
A surgeon performs a trepanation on an unconscious person (Z) in good faith to benefit Z, even though Z cannot consent at the moment. The surgeon has committed no offence.
A person shoots at a tiger attacking Z, knowing the shot might harm Z but intending to protect Z. If Z is accidentally harmed, the shooter has committed no offence.
A surgeon performs an emergency operation on a child without parental consent because the child is in immediate danger and there is no time to obtain consent. The surgeon has committed no offence.
In a fire, a person drops a child from a height to save them, knowing the fall might harm the child but intending to save the child. Even if the child is harmed, the person has committed no offence
These provisions align with the corresponding section (Section 92) of the Indian Penal Code, 1860, with similar exceptions and illustrations.
RELATED Blog
0 comments