BNS Section 30: Act Done in Good Faith for Benefit of a Person Without Consent

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 BNS Section 30

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

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