BNS Section 29: Exclusion of Acts Which Are Offences Independently of Harm Caused
Section 29 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act.It is one of the most important safeguards in law, which stipulates some limits on matters of consent pertaining to criminal acts. This section holds that some acts are offences in themselves, regardless of whatever harm is caused or intended. By deeming that consent cannot validate these inherently illegal acts, Section 29 sends across the message that the legality of an act is not on the consent of parties.
This section cements protection for people from exploitation and ensures that law does not back off where actions are definitively harmful or immoral. Doing so underlines that the importance of ethics within the legal framework holds individuals accountable, even when apparent consent has been provided. In doing so, Section 29 plays a significant role in keeping legal and social boundaries in check.
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 Section 29 (Bharatiya Nyaya Sanhita, 2023)
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.
Key Points for BNS 29
Differences Between Section 29 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 29 of the Bharatiya Nyay Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 91), focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 29 | Exclusion of acts which are offences independently of harm caused. | 91 | No change. |
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FAQs about Section 29 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 29?
Section 29 of the BNS relates to acts that are considered offences independently of any harm caused, emphasising that certain actions are criminal regardless of their consequences.
Which chapter does Section 29 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 29 is part of CHAPTER III, titled GENERAL EXCEPTIONS, in the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 29 clarify the nature of certain offences?
This section highlights that some acts are inherently criminal and do not require the demonstration of harm or injury to be classified as offences, ensuring accountability for specific behaviours
What types of acts might be excluded under Section 29?
Acts that are typically excluded include those that violate specific laws or regulations, such as regulatory offences, where the mere act of violation constitutes an offence irrespective of any resultant harm.
Are there other relevant provisions in Chapter III that address similar concepts?
Yes, Chapter III may include additional provisions that discuss various types of offences, including those that focus on intent, consent, and other factors, providing a broader understanding of legal exceptions.
What does BNS Section 29 say about exceptions in sections 25, 26, and 27?
Section 29 goes on to say that those exceptions do not apply if the act is such an offence that is an offence per se irrespective of any harm which may be caused or intended to be caused.
Can consent justify an act that is an offence independently of harm? BNS Section 29
No, such acts cannot be justified by consent since they are offences independently of any harm caused.
