Section 26

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

The Bharatiya Nyaya Sanhita, 2023

  • Act 45 of 2023
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto.

All sections

Chapter III: General exceptions Sections 14 to 44

    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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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