BNS Section 29 — Exclusion of acts which are offences independently of harm caused

CHAPTER III GENERAL EXCEPTIONS

General

Summary

The exceptions in sections 25, 26 and 27 do not apply to acts that are offences on their own, regardless of any harm they may cause, or are intended to cause, or are known to be likely to cause, to the person giving consent or on whose behalf consent is given. In other words, if an act is already a crime by itself, the fact that the person affected consented to it does not make it lawful under those earlier sections.

The illustration clarifies this with the example of causing a miscarriage. Causing a miscarriage is an offence independently of any harm it may cause or be intended to cause to the woman, unless it is done in good faith to save her life. Therefore, it is not an offence merely because of the harm involved, and the consent of the woman or her guardian to the miscarriage does not justify the act.

Official Text

The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Illustration. Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

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.3 p.1531 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.9 p.283 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • IPC §91 — Exclusion of acts which are offences independently of harm caused