Section 29 of the BNS clarifies that there are certain offences which remain punishable by law regardless of whether consent was given or harm was caused. This section ensures that consent cannot legalize inherently illegal acts.
Key Provision:
The exceptions given in Sections 25, 26, and 27 (which protect certain acts done with consent or for benefit) do not apply to acts that are considered crimes on their own, even if no harm was caused or intended.
Even if a person consents to such an act or it is done with good intention, the act remains an offence.
Illustration:
Causing miscarriage (unless done in good faith to save the woman’s life) is always a crime.
Even if the woman or her guardian gives consent, it does not make the act legal.
This is because the law sees miscarriage as an offence in itself, not just because it causes harm.
How It Protects:
Prevents misuse of consent to justify serious crimes.
Ensures that certain acts remain criminal to uphold public morality and safety.
Protects vulnerable individuals from being exploited under the guise of “consensual” harm.
