BNS Section 26: Act Not Intended to Cause Death, Done by Consent in Good Faith for Person’s Benefit

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 BNS Section 26

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.

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