Introduction of BNS 29
BNS 29 of the Bharatiya Nyaya Sanhita clarifies that certain acts remain crimes even if no harm is caused or if the person involved has given consent. This provision highlights that the law does not recognize consent as a valid justification for inherently illegal actions. For instance, activities like selling illegal drugs, distributing counterfeit currency, or causing a miscarriage (except when necessary to save a life) are crimes by their very nature. The section replaces the old IPC Section 91 and ensures that public interest and safety remain a priority, protecting society from agreements that involve unlawful conduct.
The Bharatiya Nyaya Sanhita (BNS) Section 29 replaces the old Indian Penal Code (IPC) Section 91.
What is section 29 of BNS ?
BNS Section 29 states that certain actions are crimes on their own, even if they don’t cause harm or even if the person involved agrees to them. For example, some acts, like causing a miscarriage (unless done to save a life), are illegal no matter what, and consent doesn’t make these actions lawful.
BNS Section 29 in Simple Points
An act which is declared an offence under this Sanhita does not cease to be an offence simply because:
- The harm caused is consented to, or
- The harm is not actually caused.
(This provision corresponds to IPC Section 91, now updated under BNS 2023.)
1. Meaning of Section 29
BNS Section 29 means that some actions are considered crimes in themselves, regardless of whether:
- anyone suffers actual harm, or
- the person affected agrees (consents) to the act.
These acts are criminal by nature, so consent or absence of harm cannot excuse them.
Example: Selling illegal drugs is always a crime, even if the buyer agrees and no immediate harm occurs.
2. Purpose of Section 29
The main objectives of this section are:
- To protect society from dangerous acts that cannot be legitimized through private agreements.
- To ensure that public interest, morality, and safety remain protected.
- To clarify that the law does not recognize “consent” as a defense for inherently illegal acts.
3. Essential Ingredients of Section 29
For this section to apply:
- The act must already be declared an offence under BNS.
- It should not matter whether harm was caused or not.
- It should not matter whether the victim or another party gave consent.
- The offence is treated as an independent crime, not dependent on harm.
4. Punishment under BNS Section 29
- No special punishment is prescribed here – the punishment will depend on the specific offence (e.g., selling counterfeit currency, causing miscarriage, drug trafficking).
- This section only removes consent or lack of harm as possible defenses.
5. Examples of BNS Section 29 in Action
- Example 1 – Counterfeit Notes:
A person sells fake currency to someone who agrees to buy it. Even with consent, the act is still a crime. - Example 2 – Causing Miscarriage:
A woman consents to terminate her pregnancy without medical necessity. Even with consent, it remains a punishable offence (unless done to save her life). - Example 3 – Public Safety:
A person fires a gun in public. Even if no one is harmed, the act is still a crime because it endangers peace. - Example 4 – Drug Trafficking:
A person sells narcotics to a willing buyer. The buyer’s consent is irrelevant; the act is illegal on its own.
6. Importance of BNS Section 29
- Reinforces the idea that certain crimes are inherently unlawful.
- Protects society from agreements that attempt to “legalize” crime.
- Prevents exploitation where people are pressured into consenting to unlawful acts.
- Ensures continuity of principles from IPC Section 91, but expressed in clearer, updated terms.
Section 29 BNS Overview
BNS Section 29 states that some actions are considered crimes on their own, even if they don’t cause harm or even if the person involved gives consent. This means that certain acts are illegal no matter what, and getting consent does not make them legal.
10 Key Points of BNS Section 29
1. Legal Use
This section is often used in court cases to show that some acts are crimes on their own, regardless of whether people agree to them or not. The court does not focus only on consent but looks at whether the act itself is legally wrong.
2. Independent Crimes
Some actions are illegal by their very nature, even if no one is harmed or even if everyone involved agrees. For example, selling illegal drugs or human trafficking is always a crime, no matter what.
3. Consent Doesn’t Make It Legal
Even if someone gives permission, it does not make an illegal act legal. For example, if a person says, “I agree to buy illegal drugs,” both buying and selling remain crimes under the law. Consent cannot erase criminal liability.
4. Harm Isn’t Necessary
The law does not only punish actions that cause harm. If an act is prohibited by law, it remains a crime even when no one is injured. For example, making fake currency is a crime even if it is never used to harm anyone.
5. Specific Acts Mentioned
This section highlights certain acts that are treated as crimes under all circumstances. Examples include selling drugs, counterfeiting money, or committing fraud. In these cases, the act itself is punishable.
6. Limited Exceptions
Some sections of law (like BNS Sections 25, 26, and 27) allow exceptions based on consent or lack of harm. But these exceptions do not apply when the act itself is declared illegal. For instance, even if consent is present, it cannot excuse drug trafficking.
7. Clear Legal Boundaries
This section draws a clear line between what is allowed and what is absolutely prohibited. It makes sure that people cannot use consent as a way to escape punishment for acts that are criminal in nature.
8. Protection from Exploitation
The law ensures that people cannot be exploited by being forced or tricked into consenting to something that is already illegal. For example, even if someone pressures another person into agreeing to participate in a crime, that consent has no value.
9. Example: Counterfeit Money
If someone agrees to buy fake money, both the buyer and the seller are guilty. The seller cannot defend themselves by saying, “But the buyer agreed.” The act itself—dealing in fake money—is always a crime.
10. Focus on Public Safety
The main aim of this section is to protect society as a whole. By making certain acts illegal in all situations, the law safeguards public safety, prevents criminal activities, and keeps social order intact.
Comparison: BNS Section 29 vs IPC Section 91
| Section | Definition | Key Principle | Consent Valid? | Harm Considered? | Public Safety Focus |
|---|---|---|---|---|---|
| BNS Section 29 | Declares that certain acts remain crimes on their own, regardless of harm or consent. | Offences are independently punishable and cannot be justified by consent. | No, consent does not validate an inherently illegal act (e.g., selling illegal drugs). | Harm is irrelevant; the act itself is illegal. | Strong emphasis on protecting public safety and order. |
| IPC Section 91 (Old) | Earlier law that excluded consent and absence of harm as valid defences for certain offences. | Act remains an offence if independently prohibited, even with consent. | No, consent cannot legalize prohibited acts like miscarriage (except to save life). | Absence of harm does not excuse the offence. | Ensured public interest by preventing unlawful agreements. |
BNS Section 29 FAQs
What does BNS Section 29 mean by independent offenses?
It means certain actions are crimes on their own, even if no harm is caused or if the person involved consents.
Can consent make an illegal act legal under this section?
No, if an act is illegal, consent does not make it legal. The law prohibits the act regardless of consent.
What is an example of an independent offense?
Causing a miscarriage (except to save a life) is an example. It is illegal even if the woman consents.
Does harm need to be proven for an act to be illegal under this section?
No, the act itself is illegal, so harm does not need to be proven for it to be considered a crime.
Can other exceptions in the law make these acts legal?
No, the exceptions in other sections (like Sections 25, 26, and 27) do not apply to acts that are independently illegal.
Conclusion
BNS Section 29 ensures that no one can escape liability by claiming consent or absence of harm when the act itself is unlawful. It draws a firm line between what the law permits and what it prohibits, reinforcing the idea that some acts are against public policy and social safety, regardless of individual agreements. By prioritizing public welfare, this section strengthens legal boundaries and safeguards society from inherently illegal activities.
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Finished with BNS Section 29 ? 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 30 : Act done in good faith for benefit of a person without consent
https://marriagesolution.in/bns_section/bns-30/ - BNS Section 31 : Communication made in good faith
https://marriagesolution.in/bns_section/bns-31/ - BNS Section 32 : Act to which a person compelled by threats
https://marriagesolution.in/bns_section/bns-32/ - BNS Section 33 : Act causing slight harm
https://marriagesolution.in/bns_section/bns-33/ - BNS Section 34 : Things done in private defence
https://marriagesolution.in/bns_section/bns-34/ - BNS Section 35 : Right of private defence of the body and of property
https://marriagesolution.in/bns_section/bns-35/
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list
Full IPC Section List: https://marriagesolution.in/ipc-section-list