BNS Section 30: Act Done in Good Faith for Benefit of a Person Without Consent
Section 30 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It addresses the legal implications of actions taken in good faith for the benefit of individuals who are unable to provide consent. This provision establishes that if an act is performed for the benefit of a person—without that person’s consent—such actions are not considered offences, provided the circumstances render it impossible for the individual to express consent, or if they are incapable of doing so and lack a guardian or lawful representative to provide consent in a timely manner.
However, this section sets clear boundaries, outlining specific exceptions where this good faith provision does not apply. These exceptions include intentional acts leading to death, actions likely to cause death without a justifiable purpose, voluntary infliction of harm, and abetting offences.
Through this framework, Section 30 aims to balance the necessity of acting in the best interest of vulnerable individuals with the need for accountability, ensuring that actions taken without consent are still governed by legal standards that protect against serious harm or exploitation.
Definition of BNS Section 30
Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:
Provided that this exception shall not extend to––
(a) the intentional causing of death, or 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 hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Explanation and Illustration of Section 30 (Bharatiya Nyaya Sanhita, 2023)
This provision allows for compassionate actions in urgent situations where seeking consent is impractical or impossible. It does not protect actions that intentionally cause death, actions likely to cause death without a valid purpose, voluntary harm, or the abatement of criminal acts. Thus, while it promotes the welfare of vulnerable individuals, Section 30 maintains accountability by ensuring that certain serious actions remain unlawful, regardless of the intent behind them. Here are four illustrative examples for better understanding:
(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z's death, but in good faith, for Z's benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.
(2) Z is carried off by a tiger. A shoots at the tiger knowing that it is probable that the shot will kill Z, but not intending to kill Z and acting in good faith intending Z's benefit. A's bullet gives Z a mortal wound. A has committed no offence.
(3) A, a surgeon, finds a child in such a condition that he is likely to die unless an operation is performed on him at once. There is no time to apply to the child's guardian. A performs the operation in spite of the child's entreaties, with the good intention of benefiting the child. A has committed no offence.
(4) A is in a house which is on fire, with Z, a child. The People below hold out a blanket. A drops the child from the housetop knowing it to be likely that the fall may kill the child, but not with any intention to kill the child and intending, in good faith, the benefit of the child. It follows that even if the child is killed by the fall, A has done no offence.
Explanation.—Gain of money merely is not profit within the meaning of sections 26, 27 and this section
Key Points of BNS 30
This section balances the protection of persons who cannot give consent with the need to act in their best interest, especially in emergencies. It ensures that actions taken in good faith for the benefit of such persons, when consent cannot be obtained, are not criminalised, provided the harm caused is justified and within legal boundaries.
Harm Done in Good Faith for Another’s Benefit:
Conditions for Exception:
Limitations of the Exception:
Intentional causing of death or attempting to cause death is not excused.
Acts likely to cause death are not excused unless to prevent death or grievous harm, or cure a serious disease.
Voluntary causing of hurt is not excused unless to prevent death or serious harm.
Purpose of BNS-30:
Differences Between Section 30 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 30 of the Bharatiya Nyay Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC section 92), focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 30 | Act done in good faith for the benefit of a person without consent. | 92 | No change. |
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FAQs about Section 30 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 30?
Section 30 of the BNS addresses actions taken in good faith for the benefit of a person, even when that action is done without the individual's consent.
Which chapter does Section 30 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 30 is part of CHAPTER III, titled GENERAL EXCEPTIONS, in the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 30 protect actions taken for the benefit of others?
This section allows that acts performed in good faith, aimed at benefiting another individual despite lacking their consent, may not be classified as criminal, emphasising the intent behind the action.
What considerations are evaluated to determine good faith under Section 30?
Factors include the nature of the act, the perceived benefit to the individual, and whether the action was reasonable and justifiable in the circumstances.
Are there other provisions related to consent and good faith in Chapter III of the BNS?
Yes, Chapter III may contain additional provisions that explore the nuances of consent and good faith, detailing how these concepts affect legal liability in various contexts.
Does Section 30 of the BNS apply to all types of acts performed without consent?
No, Section 30 applies specifically to acts performed in good faith and for the benefit of the person, even if consent was not obtained.
Can an act be defended under Section 30 if harm results despite the intention to benefit the person?
Section 30 can provide a defence for an act done without consent, even if harm results, as long as it was performed in good faith and for the person's benefit. However, if the harm is excessive or unreasonable, the individual may still be held liable.
