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

Summary

If an action is done in good faith for someone’s benefit, and that person has agreed to suffer the harm or take the risk of it, then the action is not an offence — as long as it was not intended to cause death. This applies whether the harm actually happens, was intended, or was known to be likely. The consent can be given openly or understood from the situation.

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.

Related Judgments

• RAJESHWARI v. PURAN INDORIA — Supreme Court of India (S)
• NIZAMABAD DIVISION, NIZAMABAD, ANDHRA PRADESH AND ANR v. MIS. BALAJI CATTLE FEEDS AND ANR. AUGUST 31, 2004 — Supreme Court of India (S)
• MS. EERA TH. DR. MANJULA KRIPPENDORF v. STATE — Supreme Court of India (2017)
• SC (2018) Vol.6 p.1 — Supreme Court of India (2018)
• DATTA AMBO ROKADE v. THE STATE OF MAHARASHTRA — Supreme Court of India (2019)
• WP/2198/2003 — Madras High Court (2003)
• S.C.R. 101 KASHI RAM & OTHERS v. STATE OF RAJASTHAN — Supreme Court of India (2008)
• CRL OP/2388/2018 — Madras High Court (2018)

Old <-> New Code Mapping

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