Section 26 of the Bharatiya Nyaya Sanhita (BNS) states that if an act is done with the consent of a person for their benefit and in good faith, it is not an offense, even if it causes harm, as long as there is no intent to cause death.
Key Provisions
No Offense If Done in Good Faith
If an act is intended for a person’s benefit and not to cause death,
And the person has given express or implied consent,
Then it shall not be considered a crime even if harm occurs.
Person Must Consent to the Risk
The individual must be aware of the risks and voluntarily accept them.
This protects doctors, caregivers, and rescuers acting in good faith.
Intent Matters
If the intent is to save or benefit a person and not to kill them, the act is not punishable.
Example
Medical Surgery:
A doctor performs a risky operation to save a patient’s life.
The patient understands the risks and gives consent.
Even if the patient dies, the doctor is not guilty of any offense because the act was done in good faith.
Rescue Attempt:
A firefighter rescues a person from a burning building by jumping out of a window.
The person gets injured during the rescue.
The firefighter is not guilty as the act was for the person’s benefit.
How It Protects
Protects medical professionals from criminal liability while performing life-saving treatments.
Encourages rescue efforts without fear of prosecution.
Ensures individuals can voluntarily accept medical or emergency risks.
