Section 26 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 26 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 26 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the legal permissibility of certain acts done with consent and in good faith for the benefit of the person consenting. It is part of Chapter III, titled "General Exceptions," which outlines circumstances under which an act may not be considered an offense.
Text of Section 26:
"Nothing, which is not intended to cause death, is an offence 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 any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.
Illustration:
"A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence."(
Key Elements:
Intention: The act must not be intended to cause death.
Consent: The person must have given consent, either express or implied, to suffer the harm or to take the risk of that harm.
Good Faith and Benefit: The act must be done in good faith and for the benefit of the person consenting.
Comparison with Indian Penal Code (IPC):
Section 26 of the BNS, 2023, corresponds to Section 88 of the Indian Penal Code (IPC), 1860. Both provisions allow for acts done in good faith and with consent, even if they cause harm, provided the harm is not intended to cause death and is for the person's benefit. This alignment indicates a continuity in the legal framework concerning general exceptions.
Significance:
Section 26 plays a crucial role in ensuring that individuals are not unjustly penalized for actions taken under a genuine belief that they are acting lawfully and for the benefit of the person consenting. It underscores the importance of intent, consent, and good faith in determining criminal liability. By acknowledging acts done in good faith and for the benefit of others, the provision promotes fairness and justice within the legal system.
RELATED Blog
0 comments