Skip to content

Section 26 – Act not intended to cause death, done by consent in good faith for person's benefit

The Bharatiya Nyaya Sanhita, 2023

ARRANGEMENT OF SECTIONS

CHAPTER III: GENERAL EXCEPTIONS

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

Bare Act

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.

Simplified Act and examples below are previews.

Subscribe to KanoonGPT Pro for full content

Simplified Act

Nothing is considered a crime if it is not meant to cause death, even if it does cau

Explanation using examples

Example 1:

Dr. Mehta, a renowned cardiologist, informs his patient, Mr. Sharma, that a complex heart surgery is necessary to save his life. Dr. Mehta explains that while

Free on mobile

Read digital bare acts in app for free

Browse section-wise Indian bare acts on your phone or tablet with the free Kanoon Library app.

Get it on Google PlayDownload on the App Store