Section 26 BNS: Act Not Intended to Cause Death, Done by Consent in Good Faith for a Person's Benefit

Section 26 of the Bharatiya Nyaya Sanhita, 2023 provides a general exception for certain acts done in good faith for a person's benefit with that person's consent. The essential statutory limit is that the act must not be intended to cause death.

Current legal position: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It was brought into force from July 1, 2024, except section 106(2).

Text of Section 26 of the Bharatiya Nyaya Sanhita, 2023

26. Act not intended to cause death, done by consent in good faith for person's benefit.

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.

Meaning of Section 26 BNS

Section 26 protects an act from criminal liability merely because it causes, is intended to cause, or is known to be likely to cause harm, where the act is done in good faith for the benefit of the person concerned and that person has consented to suffer the harm or take the risk of it. The exception does not apply where the doer intends to cause death.

Essential Conditions for the Section 26 Exception

No intention to cause death: the doer must not intend the death of the person.
Good faith: the act must be done in good faith.
For the person's benefit: the act must be undertaken for the benefit of the person who may suffer the harm.
Consent: that person must have given consent, either express or implied.
Consent to harm or risk: the consent must extend to suffering the harm or taking the risk of that harm.
Knowledge of likely harm is not automatically fatal: the section expressly contemplates harm that the doer knows may be likely, provided the other statutory conditions are satisfied and death is not intended.

Illustration Under Section 26

The statutory illustration concerns a surgeon who knows that a particular operation is likely to cause the death of Z, who is suffering from a painful complaint. The surgeon does not intend Z's death, acts in good faith for Z's benefit, and performs the operation with Z's consent. The illustration states that the surgeon commits no offence.

Good Faith and Benefit Under Section 26

The words good faith and benefit are central to Section 26. The protection is not based on consent alone. The act must genuinely be undertaken for the person's benefit and in good faith. In practical application, the nature of the act, the circumstances, the purpose, the consent obtained, and the degree of care exercised may all become relevant to deciding whether the statutory exception is available.

Difference Between Sections 25 and 26 BNS

Section 25 BNS applies where death or grievous hurt is neither intended nor known by the doer to be likely, and the adult person has consented to the harm or risk. Section 26 is different: it focuses on an act done in good faith for the person's benefit and can cover harm that the doer intends or knows to be likely, so long as death is not intended and valid consent is present.

Consent Must Be Legally Effective

Section 26 must be read with the surrounding provisions dealing with consent. Section 28 BNS addresses consent known to be given under fear or misconception. Section 29 BNS excludes acts that are offences independently of the harm caused from the operation of the consent-based exceptions.

Related BNS Provisions

Practical Summary

Section 26 BNS is a consent-and-good-faith exception. It may protect an act causing or risking harm when the act is done for the person's benefit, in good faith, with express or implied consent, and without any intention to cause death. Its application depends on the facts and on the surrounding statutory rules governing consent and general exceptions.

This page reproduces and explains the statutory provision for general legal information. For the authoritative text and commencement notification, refer to the official sources in the right sidebar.