BNS Section 27: Act Done in Good Faith for Benefit of Child or Person of Unsound Mind, By, or by Consent of Guardian
Section 27 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. Good faith for the benefit of a child under twelve years of age or of a person of unsound mind, although done without his consent is covered under this Act. Any act done in good faith for the benefit of any child under twelve years of age, or of a person of unsound mind, of whose consent, if he were capable of giving consent, the person charged or that person himself has obtained, does not render him liable to punishment for such act if, in doing such thing, if death or grievous hurt had resulted there from, he would have been punishable under Section 299 or Section 300.
This section underlines the critical roles of intent and guardianship in action that may cause harm; it reflects a compassionate law framework that is sensitive to the plight of caregivers especially in medical settings where risk of intervention may be very substantial. The law, therefore, favors actions intended in good faith to protect those who cannot speak for themselves while protecting the good-faith actor and still providing accountability for harmful or exploitative actions.
Definition of BNS 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 offense 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.
Explanation and Illustration of Section 27 (Bharatiya Nyaya Sanhita, 2023)
The fundamental characteristic of this chapter is that if an act is done with a good intent to help, and it is carried out with the explicit or implied consent of a guardian, then that action cannot be treated as a criminal offence merely because of harm that may result from it. However, this good-faith exception is narrowly defined and does not apply in certain critical situations, which include:
Illustration
Let us take an illustration in order to explain these principles :
Facts: A, a parent, acts in good faith to benefit his child by agreeing to surgery to remove kidney stones. A knows that surgery carries significant risks, one of which is death, but A does not desire to cause death. Under these circumstances, A's actions come within the Section 27 exception because his principal purpose was to cure his child's illness.
This section deals with the issues of intent and consent on criminal law determinations relating to potentially harmful acts to ensure that the persons acting with the best interest of weaker parties are not made criminals but that such action has a strong possibility of severely harming or exploiting the parties in question.
Key Points of BNS 27
Exceptions (Proviso): Does not apply to:
Differences Between Section 27 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 27 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 89), focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 27 | Act done in good faith for the benefit of a child or person, by or by consent of the guardian. | 89 | The words ‘insane person’ are replaced with ’person of unsound mind’. |
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FAQs about Section 27 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 27?
Section 27 of the BNS pertains to actions taken in good faith for the benefit of a child or a person of unsound mind, either by the guardian or with the guardian's consent.
Which chapter does Section 27 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 27 is part of CHAPTER III, titled GENERAL EXCEPTIONS, in the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 27 protect actions taken on behalf of vulnerable individuals?
This section underscores that actions performed in good faith, aimed at benefitting children or individuals deemed of unsound mind, may not be viewed as criminal, provided they involve proper consent from guardians.
What criteria are considered to determine if an act was done in good faith under Section 27?
The assessment includes evaluating the intent behind the action, the nature of the benefit provided, and whether the guardian's consent was obtained appropriately.
Are there other relevant provisions related to guardianship in Chapter III of the BNS?
Yes, Chapter III may include additional provisions addressing the role of guardians in protecting the rights and interests of vulnerable individuals, as well as outlining the legal framework for their actions.
Can acts done on behalf of a child or person of unsound mind be defended under Section 27?
Yes, if an act is performed with the guardian's consent, in good faith, and with the intention of benefiting the child or person of unsound mind, Section 27 provides a defence against criminal liability, even if harm results.
Does Section 27 apply in cases where harm occurs despite the act being in good faith?
Section 27 can still apply if harm occurs, provided the act was done in good faith for the benefit of the child or person of unsound mind and was consented to by the guardian. However, if the harm was excessive or unreasonable, liability may still be possible.
