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

Section 30 of the Bharatiya Nyaya Sanhita, 2023 provides a general exception where an act causes harm to a person but is done in good faith for that person's benefit without consent in circumstances where valid consent cannot be obtained in time. The protection is subject to important statutory limits.

Current legal position: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023 and came into force on July 1, 2024, except Section 106(2). Section 30 is therefore in force. See the official BNS text on India Code and the Ministry of Home Affairs commencement notification.

Text of Section 30 of the Bharatiya Nyaya Sanhita, 2023

30. Act done in good faith for benefit of a person without consent. 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-

the intentional causing of death, or the attempting to cause death;
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;
the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
the abetment of any offence, to the committing of which offence it would not extend.

Meaning and essential conditions of Section 30 BNS

Section 30 is an exception based on necessity, benefit and good faith. It does not create a general permission to act without consent. The circumstances must make it impossible for the person to signify consent, or the person must be incapable of giving consent and there must be no guardian or other person in lawful charge from whom consent can be obtained in time.

Requirement	What Section 30 requires
Benefit of the person	The act must be done for the benefit of the person who may suffer harm.
Good faith	The act must satisfy the statutory standard of good faith, which requires due care and attention.
Consent unavailable	The person must be unable to signify consent, or incapable of giving consent.
No timely substitute consent	Where the person cannot consent, there must be no guardian or other person in lawful charge from whom consent can be obtained in time.
Act within the proviso	The conduct must not fall within the four statutory exclusions relating to intentional death, specified death-risk conduct, specified voluntary hurt, or abetment.

Definition of "good faith" under Section 2(11) BNS

Section 2(11) of the Bharatiya Nyaya Sanhita defines "good faith" by providing that nothing is said to be done or believed in good faith if it is done or believed without due care and attention. Therefore, a sincere motive alone is not necessarily sufficient; the statutory test also requires due care and attention.

Practical effect: A person relying on Section 30 should be able to show both a genuine intention to benefit the person and circumstances demonstrating due care, attention, urgency and the inability to obtain valid consent in time.

Statutory limitations under the proviso to Section 30

The protection under Section 30 is expressly limited. It does not extend to intentional causing or attempted causing of death. Conduct known to be likely to cause death is protected only for the limited purposes stated in the section, such as preventing death or grievous hurt or curing a grievous disease or infirmity. Similarly, voluntary causing or attempted causing of hurt is protected only for preventing death or hurt. The exception also does not protect abetment of an offence where the exception would not extend to the commission of that offence.

Illustrations under Section 30 BNS

A surgeon finds an unconscious person who urgently requires trepanning. Acting without intending death, in good faith and for the person's benefit, the surgeon performs the procedure before the person recovers the ability to decide. The illustration states that no offence is committed.
A person fires at a tiger carrying away another person, knowing the shot may kill the person but without intending that result and acting in good faith for the person's benefit. If the shot causes a mortal wound, the illustration states that no offence is committed.
A surgeon sees a child who is likely to die unless an immediate operation is performed. There is no time to contact the guardian. The surgeon performs the operation despite the child's entreaties, intending in good faith to benefit the child. The illustration states that no offence is committed.
In a burning house, a person drops a child to people holding a blanket below, knowing the fall may kill the child but not intending death and acting in good faith for the child's benefit. The illustration states that no offence is committed even if the child dies from the fall.

Explanation: pecuniary benefit is excluded

The Explanation to Section 30 states that mere pecuniary benefit is not "benefit" within the meaning of Sections 26, 27 and 30. The exception therefore focuses on the person's legally relevant welfare rather than a merely financial advantage.

Section 30 BNS and the earlier IPC position

Section 30 BNS substantially occupies the field previously addressed by Section 92 of the Indian Penal Code, 1860. The IPC has been repealed by Section 358 of the BNS, subject to the savings contained in that provision. Accordingly, older conduct and proceedings may still require examination under the IPC savings framework, while Section 30 BNS governs the corresponding current-law exception after commencement of the BNS.

Quick summary of Section 30 BNS

Section 30 is a general exception, not a separate offence or punishment provision.
The act must be for the person's benefit and done in good faith.
Consent must be impossible to obtain from the person, or the person must be incapable of consenting.
If the person cannot consent, no guardian or lawful custodian must be available to give timely consent.
The four exclusions in the proviso must be respected.
"Good faith" under Section 2(11) requires due care and attention.
Mere pecuniary benefit is not enough for Sections 26, 27 and 30.

Legal note: Whether Section 30 applies depends on the facts, including urgency, capacity to consent, availability of a guardian or lawful custodian, the nature of the harm, the purpose of the act and whether due care and attention were exercised.

Updated for the law in force as of September 7, 2026.