Introduction of BNS 27
BNS 27 deals with actions taken in good faith for the benefit of a child under twelve years of age or a person with an unsound mind. If such an action is done by or with the consent of a guardian or lawful caretaker, it is not considered an offense, even if it unintentionally causes harm. However, there are specific exceptions where this protection does not apply, such as in cases involving the intentional causing of death or grievous hurt.
What is section 27 of BNS ?
BNS Section 27 provides legal protection for those who act in good faith for the benefit of a child or a person of unsound mind. If a guardian or someone with lawful charge takes action with the intent to help, they are not held liable for any unintended harm caused, as long as their actions are not intended to cause death or serious injury.

BNS Section 27 in Simple Points
Good Faith Actions:
The term “good faith” means the action must be done with honest intentions, without any desire to cause harm. For example, if a guardian gives a child medicine believing it will help them, this is considered a good faith action.
Guardian’s Consent:
The guardian’s role is crucial because their consent, whether clearly stated or implied, is what allows the action to be protected. If a guardian allows a doctor to perform surgery on a child, even if risky, the doctor is protected as long as the intent was to save the child’s life.
Intent to Benefit:
The primary focus of this section is the intention behind the action. The law looks at whether the action was intended to benefit the child or person of unsound mind, even if the outcome is not favorable. For example, giving a vaccine to prevent illness, even if it causes temporary discomfort, is protected.
Exceptions to the Rule:
The law makes clear exceptions where protection does not apply, such as intentional actions that cause death or severe injury. This ensures that the law cannot be misused by those with bad intentions.
Application to Medical Scenarios:
This section is particularly relevant in medical contexts, where treatments may involve risks. If a doctor performs a risky surgery with the goal of saving a life, they are protected under this section, as long as the action was done in good faith and with the intent to cure.
Section 27 BNS Overview
BNS Section 27 protects actions done with good intentions for the benefit of a child under twelve years old or a person with an unsound mind. If a guardian or lawful caretaker performs such an action, it is not considered a crime, even if it unintentionally causes harm. However, this protection does not apply if the action is intended to cause serious harm or death.
10 Key Points of BNS Section 27 Explained
- Good Intentions:
Actions done with the genuine intention to help a child or a person of unsound mind are protected under this section. For example, if a guardian administers medicine to a child to cure an illness, this action is protected. - Benefiting the Child or Person of Unsound Mind:
The section specifically covers actions that are meant to benefit the well-being of a child (under 12 years old) or a person with an unsound mind. The goal must be to improve their health, safety, or overall condition. - Role of the Guardian:
The protection applies when the action is taken by a guardian or someone legally responsible for the child or person. For instance, a parent or a legal caretaker has the right to make decisions in the best interest of the child. - No Crime If Done in Good Faith:
Even if the action causes harm, it is not considered a crime as long as it was done with good intentions. For example, if a treatment causes pain but is intended to cure an illness, the action is not a crime. - Exceptions to Protection:
This section does not protect actions intended to cause serious harm or death. For instance, if someone intentionally causes grievous injury, they cannot claim protection under this section. - Applies to Children Under 12:
The section specifically mentions that the child must be under twelve years of age. If the child is older, this protection may not apply. - Mental Health Considerations:
The section also covers actions done for the benefit of a person with an unsound mind, recognizing that they may not be able to make decisions for themselves. - Consent Can Be Express or Implied:
The guardian’s consent to the action can be clearly given (express) or understood without being directly stated (implied). For example, a parent may not explicitly say yes, but their actions imply consent. - Medical Procedures:
The section covers medical treatments performed in good faith. For example, if surgery is performed to save a life, even if it’s risky, the doctor is protected under this section. - No Protection for Malicious Actions:
If someone acts with a harmful intention, such as trying to cause death or severe injury, they are not protected by this section. The law is strict about not extending protection to those who intend to cause harm.
Bharatiya Nyaya Sanhita Section 27
Aspect | Description |
---|---|
Definition | Actions done in good faith for the benefit of a child under twelve or a person of unsound mind by or with the consent of a guardian are not offenses. |
Offense | No offense if done with good intentions, except in cases involving death, grievous hurt, or abetment of such offenses. |
Punishment | No punishment for actions falling within the scope of this section. |
Bailable | Not applicable, as actions under this section are not considered offenses. |
BNS Section 27 FAQs
What does BNS Section 27 protect?
It protects actions done in good faith for the benefit of a child or person with an unsound mind, taken by or with the consent of a guardian.
Are all actions protected under this section?
No, actions intended to cause death, grievous hurt, or abet an offense are not protected.
Who can give consent for actions under this section?
Consent can be given by the guardian or any person with lawful charge of the child or person of unsound mind.
Does this section apply to medical procedures?
Yes, it applies to medical procedures performed in good faith, even if they are risky.
Can a person be punished under this section?
No, as long as the action is within the protection of this section, there is no punishment.
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