Section 29 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 29 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the limitations of certain legal exceptions concerning consent. Specifically, it states that the exceptions outlined in Sections 25, 26, and 27 do not apply to acts that are offenses independently of any harm they may cause, intend to cause, or are known to be likely to cause to the person giving consent or on whose behalf consent is given.
Key Points:
Scope of Exceptions: Sections 25, 26, and 27 provide exceptions where consent can be a valid defense for certain acts. However, these exceptions do not extend to acts that are inherently offenses, regardless of any harm caused.
Illustration: For instance, causing a miscarriage is considered an offense independently of any harm it may cause to the woman. Therefore, even if the woman or her guardian consents, the act remains an offense unless done in good faith to save the woman's life.
This provision ensures that certain acts, deemed inherently harmful or criminal, cannot be justified solely based on consent, thereby upholding public policy and protecting individuals from potential abuses.
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