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

Bharatiya Nyaya Sanhita, 2023

Statutory text

27. 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.
Consent known to be given under fear or misconception.

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