BNS Section 29: Exclusion of Acts Which Are Offences Independently of Harm Caused

Definition of BNS Section 29

The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Illustration:

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence ‘by reason of such harm’; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

Explanation and Illustration of BNS Section 29

This section restates that there are certain acts that amount to offences in their own right and regardless of any harm they cause or are intended to cause. In other words, even though consent is given, it does not absolve responsibility over the acts, which are basically illegal.

Independence of Offences: The provisions made under the above sections do not relate to acts that are, in themselves, offences regardless of the injury that may be done. This implies that certain acts are offensive per se such that the question of their legality does not depend upon possible injury to the person consenting.

Illustration

Case law: A lady agrees to a procedure which will indeed cause a miscarriage. Even if she consents, or even her guardian has given consent, it becomes an offence, except in this particular case when the miscarriage is done in good faith to save a woman's life. The offence of miscarriage is a separate and independent offence. Therefore consent no defence.

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