Bharatiya Nyaya Sanhita, 2023

BNS Section 26

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

In one line

BNS Section 26 deals with act not intended to cause death, done by consent in good faith for person’s benefit and replaces IPC 88.

Bare act text — BNS 26

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. 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.

Frequently asked

What was BNS Section 26 in the IPC?

BNS Section 26 (Act not intended to cause death, done by consent in good faith for person’s benefit) replaces Section 88 of the Indian Penal Code, 1860. IPC 88 is now BNS 26.

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