Introduction of BNS 26
BNS 26 addresses situations where someone performs an act that is not meant to cause death, but it is done in good faith for the benefit of the person involved, with their consent. If the person harmed has agreed to the risk, the act is not considered a crime.
The Bharatiya Nyaya Sanhita (BNS) Section 26 replaces the old Indian Penal Code (IPC) Section 88.
What is section 26 of BNS ?
BNS Section 26 explains that if someone does something with good intentions, not aiming to cause death, and the person who might be harmed has agreed to it, the action is not a crime. The key point is that the act must be done for the benefit of the person, with their consent.
BNS Section 26 in Simple Points
“Act not intended to cause death, done by consent in good faith for person’s benefit.”
(This corresponds to IPC Section 88, now updated under BNS 2023.)
1. Meaning of Section 26
BNS Section 26 explains that when a person does something with good intentions, without aiming to cause death, and the person who may be affected consents to it, such an act is not considered a crime.
The essential condition is that the act must be done for the benefit of the person involved.
2. Purpose of Section 26
- To provide legal protection for acts done in good faith.
- To ensure that doctors, caregivers, or helpers are not punished if something goes wrong despite consent.
- To recognize the importance of consent and voluntary risk-taking.
- To prevent misuse of criminal law against people acting honestly for others’ welfare.
3. Essential Ingredients of Section 26
For this section to apply, these four points must exist:
- No Intention to Cause Death – The person did not aim to kill.
- Good Faith – The act was done sincerely for the other’s benefit.
- Consent – The affected person agreed to it, either expressly or impliedly.
- For Benefit – The act must genuinely be in the person’s best interest.
4. Punishment under BNS Section 26
- If all conditions are satisfied → No punishment (because it is not an offence).
- If intention to kill or harm is proven → The act becomes punishable under other sections.
- Civil liability may still apply if negligence or compensation is involved.
5. Examples of BNS Section 26 in Action
- Example 1 – Risky Surgery: A patient consents to a life-saving but risky operation. If the doctor acts in good faith and the patient dies, it is not a crime.
- Example 2 – Emergency Aid: A person gives medicine in good faith to save someone’s life. Even if side effects occur, it is protected under Section 26.
- Example 3 – Tattoo with Consent: If an adult agrees to get a tattoo and faces pain or minor injury, it is not a crime because it was done with consent.
6. Importance of Section 26
- Protects medical professionals and helpers acting in good faith.
- Encourages people to help others without fear of criminal cases.
- Balances personal consent with legal protection.
- Prevents misuse of law against genuine acts of welfare.
- Modernizes IPC Section 88 under BNS 2023 framework.
Section 26 BNS explanation
BNS Section 26 protects actions done with good intentions, not meant to cause death, and with the agreement of the person involved. If these conditions are met, the action is not considered a crime.
10 Key Points with Detailed Explanations
1. No Intention to Cause Death
The most important condition is that the act must not be done with the purpose of causing death. The person performing the act should have no desire to harm or kill. Instead, their aim must be something lawful or beneficial. If the intention is harmful, protection under this section will not apply.
2. Good Intentions
The act should be guided by honesty and goodwill. The person performing it must genuinely believe that it will help the other person. For example, giving emergency medical treatment in a risky situation is a good faith act if the aim is to save a life. The focus is always on help, not harm.
3. Person’s Consent
Consent is central to this section. The individual who may be affected by the act must agree to it. This agreement can be in the form of spoken words, written permission, or even behavior that clearly shows acceptance. Without consent, the protection of this law cannot be used.
4. For the Person’s Benefit
The action must be done for the benefit of the person involved. The doer must believe that the act is in the best interest of that individual. This prevents misuse where someone causes harm under the false excuse of helping. The benefit must be genuine, not imaginary.
5. No Crime if Conditions Met
If the three main conditions—absence of intent to cause death, good faith, and valid consent—are all present, the act is not considered a crime. The law recognizes that in such situations, punishing the person would be unjust since their real purpose was to help.
6. Acceptance of Risk
The person giving consent must understand the possible risks of the act. Once they are aware of the risks and still agree, the responsibility shifts. For instance, a patient may consent to a risky surgery knowing the possible side effects. This shows that the risk was knowingly accepted.
7. Implied Consent
Not all consent has to be in writing or spoken directly. Sometimes, it can be understood from actions or the situation. For example, if a person stretches out their arm when a doctor approaches with an injection, it implies consent. The law accepts such implied forms of agreement as valid.
8. Example of Good Faith Act
A patient suffering from a severe disease agrees to a risky treatment. The doctor explains all the risks, and the patient chooses to go ahead. The doctor performs the procedure honestly, with the aim of curing the patient. Even if the outcome is not successful, the doctor is not guilty of a crime since there was consent and good faith.
9. Application of Good Faith
This provision applies only when actions are done sincerely, with the honest belief that they will benefit the person. If there is fraud, negligence, or hidden intent to harm, the protection does not apply. The law protects genuine good faith acts, not misuse.
10. Legal Protection
BNSS Section 26 provides a shield for people who act responsibly and with consent. Doctors, caregivers, and even ordinary citizens are protected when they act in good faith for someone else’s benefit. It ensures that people who try to help are not punished just because something went wrong, as long as they followed the principles of consent and good faith.
Comparison: BNS Section 26 vs IPC Section 88
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 26 | Covers acts done in good faith for the benefit of another person, where the actor does not intend to cause death. The emphasis is on honest intention to help and valid consent from the person affected. | No criminal punishment if the act is genuinely in good faith, with informed consent, and without an intention to cause death. Protection is lost if there is fraud, gross negligence, or malicious intent. | Not directly applicable — depends on the underlying act; section itself is protective | Cognizability is determined by the substantive offence alleged; Section 26 does not alter procedural classification | Criminal courts assess facts, consent and good faith; medical or expert evidence may guide the court |
| IPC Section 88 (Old) | Historically protected acts done in good faith for the benefit of a person with their consent, provided the actor did not intend to cause death. Often applied to medical treatment and emergency aid given with consent. | Traditionally no criminal liability where good faith and valid consent existed; courts favored medical care or civil remedies over punishment in such cases. | Not applicable as a stand-alone charge — served as a defence against criminal liability | Procedure followed the main offence alleged; the defence of consent and good faith was raised during trial | Criminal courts examined consent, purpose and medical evidence; civil claims could still be pursued separately |
BNS Section 26 FAQs
What does BNS Section 26 cover?
It covers acts done in good faith, not intending to cause death, and with the consent of the person involved.
Is it a crime if harm happens but was done with good intentions?
No, if the act was done with good intentions and the person agreed to it, it is not a crime.
What does “good faith” mean in BNS Section 26?
“Good faith” means the act was done sincerely, believing it would help the person involved.
Does the person need to agree to the risk?
Yes, the person must give their consent, either clearly or in a way that can be understood from the situation.
Does this law apply if someone meant to cause harm?
No, BNS Section 26 only applies if the harm was not intended and the act was done in good faith.
Conclusion
BNS Section 26 strengthens Indian criminal law by clearly protecting individuals who act in good faith, with consent, and without intending to cause death. When all the conditions—no harmful intent, informed consent, and benefit to the person involved—are satisfied, the law removes criminal liability. This section ensures that acts done from compassion or necessity are not punished but evaluated fairly. It balances responsibility with human dignity, updating IPC Section 88 in a way that emphasizes intent, consent, and benevolence.
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Finished with BNS Section 26 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding./
- BNS Section 27 : Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian
https://marriagesolution.in/bns_section/bns-27/ - BNS Section 28 : Consent known to be given under fear or misconception
https://marriagesolution.in/bns_section/bns-28/ - BNS Section 29 : Exclusion of acts which are offences independently of harm caused
https://marriagesolution.in/bns_section/bns-29/ - BNS Section 30 : Act done in good faith for benefit of a person without consent
https://marriagesolution.in/bns_section/bns-30/
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- Full IPC Section List: https://marriagesolution.in/ipc-section-list
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