BNS Section 26: Act Not Intended to Cause Death, Done by Consent in Good Faith for Person’s Benefit
Section 26 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It addresses the legal nuances surrounding actions taken in good faith that may cause harm but are intended to benefit another person. This provision stipulates that if an act is not intended to cause death, it cannot be deemed an offence simply because it results in harm, provided that the act is performed for the benefit of the person involved, who has given their consent—either expressly or implicitly.
This section emphasises the importance of intent and consent in legal considerations of harm. It reflects a compassionate approach to situations where individuals may have to make difficult decisions, particularly in medical or caregiving contexts, where the risk of harm may be present despite good intentions. By recognising the role of consent and good faith, the law aims to protect individuals who act in the best interest of others while navigating the complexities of potential harm.
Definition of BNS 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.
Explanation and Illustration of Section 26 (Bharatiya Nyaya Sanhita, 2023)
This Section is provided that the act is done for the benefit of the person involved and the person involved has given his consent-expressed or implied. This chapter focuses on the intent and consent that will define the legal liability of doing harm. It points out that in some practices, like medical practice, there is a possibility of doing harm despite the fact that the intentions behind such an action are pure. The law is concerned with protecting those who make decisions for the benefit of others, provided such decisions are taken with their consent and in good faith.
Example:
A is a surgeon who carries out a highly risky operation on a patient Z who suffers from very excruciating pains. A very well knows that there would always be a risk of death to be taken; however, at the same time, A also never intends to actually kill Z; instead, he strictly intends to put an end to the unbearable sufferings of Z and only after Z gives full prior informed consent for the operations, then he operates upon the patient.
In this particular case, although the operation itself was dangerous, A has done nothing wrong under Section 26 because the act was made in good faith for Z's benefit and Z had consented to the risk. This example shows the law's sensitivity towards the subtleties involved with the issue of consent and intent, especially in life or death situations where people are concerned.
Key Points of BNS Section 26
This section clarifies that harm caused in good faith, with consent, and for the benefit of the harmed person, is not an offence, upholding the principle of consensual risk-taking when the action is believed to benefit the person suffering the harm.
Differences Between Section 26 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 26 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC section 88), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 26 | Act not intended to cause death, done by consent in good faith for a person's benefit. | 88 | No change. |
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FAQs about Section 26 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 26?
Section 26 of the BNS pertains to actions that are not intended to cause death and are conducted with the consent of the involved party, done in good faith for that person's benefit.
Which chapter does Section 26 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 26 is part of CHAPTER III, titled GENERAL EXCEPTIONS, in the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 26 address the concept of good faith in legal actions?
This section highlights that actions taken in good faith, aimed at benefiting another individual and not intending to cause harm, may not be regarded as criminal, emphasising the ethical considerations behind such actions.
What criteria are used to evaluate whether an act was done in good faith under Section 26?
The assessment typically considers the intent behind the action, the consent provided by the individual, and whether the action was reasonable and appropriate for their benefit.
Are there other relevant exceptions related to consent and good faith in Chapter III of the BNS?
Yes, Chapter III may include additional provisions that explore the interplay of consent, good faith, and the legality of actions, further clarifying the circumstances under which certain acts may be exempt from criminal liability.
Does Section 26 apply if harm results despite consent?
Yes, Section 26 can apply if harm results, but the act was carried out in good faith, with the intent of benefiting the person and not causing harm. It protects individuals who act in the best interest of others, provided the harm was unintended and unforeseen.
