Section 27 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 27 of the Bharatiya Nyaya Sanhita (BNS), 2023, provides a legal safeguard for individuals who, in good faith, perform acts for the benefit of children under twelve years of age or persons of unsound mind. These acts, done with the consent of a guardian or person legally responsible, are not considered offences even if they cause harm, provided certain conditions are met
๐ Text of Section 27
Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, 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 that person:
Provided that this exception shall not extend to
(a) the intentional causing of death, or to 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 grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
(d) the abetment of any offence, to the committing of which offence it would not extend.
๐งพ Key Provisions
Good Faith: The act must be performed with honest intent, aiming to benefit the individual.
Beneficiary: Applies to persons under twelve years of age or those of unsound mind.
Consent: Requires consent from the guardian or person legally responsible, either express or implied.
Harm: Even if harm occurs, the act is not an offence if it meets the above criteria.
โ ๏ธ Exceptions
The protection under this section does not apply in the following cases:
Intentional Harm: Deliberate causing or attempting to cause death or grievous hurt.
Knowledge of Likely Harm: Engaging in actions known to likely cause death, unless for preventing death or grievous hurt, or curing a serious disease or condition.
Voluntary Grievous Hurt: Inflicting or attempting to inflict grievous hurt voluntarily, unless for the purposes mentioned above.
Abetment: Encouraging or assisting in the commission of an offence that is not justified under this section
๐ง Illustration
A surgeon performs a risky operation on a child to remove a stone, knowing it may cause death but intending to cure the child. Even if the child dies, the surgeon's act is not an offence under this section, as the intention was to benefit the child.
๐ Comparison with IPC
Section 27 of the BNS, 2023, aligns with Section 89 of the Indian Penal Code (IPC), 1860, with a notable difference: the BNS uses the term "person of unsound mind" instead of "insane person," reflecting a more contemporary understanding of mental health.
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