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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.
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.
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:
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
This section outlines the key differences between Section 27 of the Bharatiya Nyaya Sanhita and its equivalent to 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’. |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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