Section 26 BNS: Act Not Intended To Cause Death, Done By Consent In Good Faith For Person’s Benefit

Table of Contents

Section 26 BNS | BNS 26 | BNS 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.

READ OTHER SECTIONS OF CHAPTER III — GENERAL EXCEPTIONS

Section No.	Section Title
14	Act done by a person bound, or by mistake of fact believing himself bound, by law.
15	Act of Judge when acting judicially.
16	Act done pursuant to judgment or order of Court.
17	Act done by a person justified, or by mistake of fact believing himself justified, by law.
18	Accident in doing a lawful act.
19	Act likely to cause harm, but done without criminal intent, and to prevent other harm.
20	Act of a child under seven years of age.
21	Act of a child above seven and under twelve years of age of immature understanding.
22	Act of a person of unsound mind.
23	Act of a person incapable of judgment by reason of intoxication caused against his will.
24	Offence requiring a particular intent or knowledge committed by one who is intoxicated.
25	Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
26	Act not intended to cause death, done by consent in good faith for person’s benefit.
27	Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.
28	Consent known to be given under fear or misconception.
29	Exclusion of acts which are offences independently of harm caused.
30	Act done in good faith for benefit of a person without consent.
31	Communication made in good faith.
32	Act to which a person is compelled by threats.
33	Act causing slight harm.
	Of Right Of Private Defence
34	Things done in private defence.
35	Right of private defence of body and of property.
36	Right of private defence against act of a person of unsound mind, etc.
37	Acts against which there is no right of private defence.
38	When right of private defence of body extends to causing death.
39	When such right extends to causing any harm other than death.
40	Commencement and continuance of right of private defence of body.
41	When right of private defence of property extends to causing death.
42	When such right extends to causing any harm other than death.
43	Commencement and continuance of right of private defence of property.
44	Right of private defence against deadly assault when there is risk of harm to innocent person.