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

Bharatiya Nyaya Sanhita, 2023

Statutory text

26. 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.
Act  done  in  good  faith  for  benefit  of  child  or  person  of  unsound
mind, by, or by consent of guardian.

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