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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 30 BNS: Act done in good faith for benefit of a person without consent

Corresponding IPC
Section 92 IPC

Bare Act text

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—

(a) the intentional causing of death, or the attempting to cause death;

(b) 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;

(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

(d) the abetment of any offence, to the committing of which offence it would not extend.

Illustrations.

(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence.

(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.

(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.

Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section.

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 done in good faith for a person's benefit is not an offence even without consent where consent is impossible or the person is incapable and no guardian is available in time. It does not cover intentional killing, risky acts other than to prevent death or grievous hurt, causing hurt other than to prevent death or hurt, or abetment of such acts.

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
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