Section 30 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 30 of the Bharatiya Nyaya Sanhita (BNS), 2023, pertains to acts performed in good faith for the benefit of an individual, even without their consent. This provision is largely aligned with Section 92 of the Indian Penal Code (IPC), 1860, which addresses similar circumstances.
Key Provisions of Section 30 BNS
Under Section 30, an act is not considered an offence if:
It is done in good faith for the benefit of a person.
The person is incapable of giving consent due to circumstances, or it is impossible to obtain their consent in time.
The person has no guardian or lawful representative from whom consent can be obtained promptly.
However, this exception does not apply to:
Intentionally causing or attempting to cause death.
Actions known to be likely to cause death, unless for the purpose of preventing death or grievous harm, or curing a serious disease or infirmity.
Voluntarily causing or attempting to cause hurt, unless for the purpose of preventing death or hurt.
The abetment of any offence to which this exception would not apply.(
Illustrative Examples
The section provides several illustrations to clarify its application:
A surgeon performs a trepanation on an unconscious person, intending to benefit them, without their consent. This act is not an offence.
A person shoots at a tiger attacking another, knowing the shot may harm the person but intending to save them. If the person is injured, the shooter has committed no offence.
A surgeon performs an emergency operation on a child without guardian consent, intending to save the child's life. This is not an offence.
In a fire, a person drops a child from a height into a blanket below, knowing the fall may harm the child but intending to save them. Even if the child is injured, the act is not an offence.
These examples underscore the principle that actions taken in good faith for the benefit of others, even without consent, are not offences, provided they do not involve intentional harm or death
Legal Context
Section 30 is part of Chapter III, "General Exceptions," in the BNS, 2023. It reflects a shift towards a more modern and nuanced approach to criminal liability, focusing on the intent and circumstances surrounding an act rather than solely on the outcome. This approach aims to align with contemporary principles of justice and human rights.
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