BNS Section 27 — Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian

Summary

The main rule of this section is that an act done in good faith for the benefit of a child under twelve years of age or a person of unsound mind is not an offence, even if it causes harm or is intended or known to be likely to cause harm to that person. This protection applies when the act is done by the guardian or other person who has lawful charge of that person, or with that guardian's consent, whether the consent is express or implied.

The proviso states that this protection does not extend to certain acts. Under clause (a), it does not cover the intentional causing of death, or attempting to cause death.

Under clause (b), it does not cover doing anything that the doer knows is likely to cause death, if the purpose is anything other than preventing death or grievous hurt, or curing any grievous disease or infirmity.

Under clause (c), it does not cover voluntarily causing grievous hurt, or attempting to cause grievous hurt, unless the purpose is to prevent death or grievous hurt, or to cure any grievous disease or infirmity.

Under clause (d), it does not cover the abetment of any offence, if the offence itself would not be covered by this protection.

The illustration explains that if a parent, in good faith and for the child's benefit, has the child operated on by a surgeon for a stone, knowing the operation is likely to cause the child's death but not intending that result, the parent is within the exception because the object was to cure the child.

Official Text

Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, 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 that person:

Provided that this exception shall not extend to—

(a) the intentional causing of death, or to 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 grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;

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

Illustration. A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, in as much as his object was the cure of the child.

Related Judgments

• MS. EERA TH. DR. MANJULA KRIPPENDORF v. STATE — Supreme Court of India (2017)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• II A B , HARYANA STATE v. RAJA RAM — Supreme Court of India (1973)
• ... Petitioners/Accused No.1&2 vs 1.State rep. by, — Madras High Court ()
• RAJESHWARI v. PURAN INDORIA — Supreme Court of India (S)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• UNION OF INDIA v. SA VJIRAM AND ANR. DECEMBER 17, 2003 B — Supreme Court of India (S)

Old <-> New Code Mapping

• IPC §89 — Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian