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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions

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

Corresponding IPC
Section 88 IPC

Bare Act text

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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

An act not intended to cause death is not an offence by reason of harm to a person for whose benefit it is done in good faith and who has consented to the harm or risk, even if death is known to be likely.

Chapter III: General Exceptions

  1. 14 Act done by a person bound, or by mistake of fact believing himself bound, by law
  2. 15 Act of Judge when acting judicially
  3. 16 Act done pursuant to judgment or order of Court
  4. 17 Act done by a person justified, or by mistake of fact believing himself justified, by law
  5. 18 Accident in doing a lawful act
  6. 19 Act likely to cause harm, but done without criminal intent, and to prevent other harm
  7. 20 Act of a child under seven years of age
  8. 21 Act of a child above seven and under twelve years of age of immature understanding
  9. 22 Act of a person of unsound mind
  10. 23 Act of a person incapable of judgment by reason of intoxication caused against his will
  11. 24 Offence requiring a particular intent or knowledge committed by one who is intoxicated
  12. 25 Act not intended and not known to be likely to cause death or grievous hurt, done by consent
  13. 26 Act not intended to cause death, done by consent in good faith for person's benefit
  14. 27 Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
  15. 28 Consent known to be given under fear or misconception
  16. 29 Exclusion of acts which are offences independently of harm caused
  17. 30 Act done in good faith for benefit of a person without consent
  18. 31 Communication made in good faith
  19. 32 Act to which a person is compelled by threats
  20. 33 Act causing slight harm
  21. 34 Things done in private defence
  22. 35 Right of private defence of body and of property
  23. 36 Right of private defence against act of a person of unsound mind, etc
  24. 37 Acts against which there is no right of private defence
  25. 38 When right of private defence of body extends to causing death
  26. 39 When such right extends to causing any harm other than death
  27. 40 Commencement and continuance of right of private defence of body
  28. 41 When right of private defence of property extends to causing death
  29. 42 When such right extends to causing any harm other than death
  30. 43 Commencement and continuance of right of private defence of property
  31. 44 Right of private defence against deadly assault when there is risk of harm to innocent person of abetment