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

Summary

An act that is not intended to cause death is not an offence, even if it causes harm, or is intended to cause harm, or is known by the doer to be likely to cause harm, to a person for whose benefit the act is done in good faith, provided that person has given consent, whether express or implied, to suffer that harm or to take the risk of that harm.

Official 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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• RAJESHWARI v. PURAN INDORIA — Supreme Court of India (S)
• SC (2018) Vol.6 p.1 — Supreme Court of India (2018)
• NIZAMABAD DIVISION, NIZAMABAD, ANDHRA PRADESH AND ANR v. MIS. BALAJI CATTLE FEEDS AND ANR. AUGUST 31, 2004 — Supreme Court of India (S)
• SC (2024) Vol.11 p.876 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §88 — Act not intended to cause death, done by consent in good faith for person’s benefit