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Introduction of BNS 29

BNS 29 explains that some actions are considered crimes regardless of whether they cause harm or not, and regardless of whether the person affected has given consent. This means that even if someone agrees to something, if the action is illegal on its own, the consent does not make it legal.



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.

Illustration explaining independent crimes under BNS Section 29 that remain illegal despite consent.
BNS Section 29: Some actions are crimes regardless of consent or harm.

BNS Section 29 in Simple Points

Consent Can’t Legalize a Crime:
If an action is illegal, like selling illegal drugs or counterfeit money, getting someone’s permission doesn’t make it legal. The law is clear that consent does not override the legality of an action.

Independent Nature of the Crime:
Some actions are inherently illegal, meaning they are crimes even without causing harm. For instance, possessing or distributing illegal substances is a crime, regardless of whether it causes harm or not.

Protection Against Illegal Agreements:
The law prevents individuals from entering into illegal agreements, even if both parties agree. For example, agreeing to buy or sell illegal substances is not protected by consent.

Exceptions Don’t Apply:
Normally, consent and lack of harm can make some actions legal, but not in the case of independent crimes. If the act itself is illegal, these exceptions do not apply.

Public Interest and Safety:
The law prioritizes public interest and safety by ensuring that certain actions remain illegal, maintaining order and protecting society from harmful practices.


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.

Example

For example, selling illegal drugs is a crime even if the buyer agrees to the purchase. The consent of the buyer does not make the act of selling drugs legal.

10 Key Points of BNS Section 29

Legal Use: This section is often used in court cases to show that some actions are illegal regardless of consent, emphasizing that these acts are crimes on their own.

Independent Crimes: Some actions are illegal by themselves, even if they don’t cause harm or if someone agrees to them. For example, selling illegal drugs is a crime even if the buyer consents.

Consent Doesn’t Make It Legal: If an action is illegal, getting permission from someone doesn’t make it legal. For instance, if someone agrees to an illegal act, like selling drugs, it’s still a crime.

Harm Isn’t Necessary: The law doesn’t only consider harm; it also considers whether the action itself is against the law. Even if no one gets hurt, the act can still be a crime.

Specific Acts Mentioned: The law mentions specific actions that are crimes no matter what, like selling illegal drugs or committing fraud.

Limited Exceptions: Exceptions in other sections of the law (like Sections 25, 26, and 27) don’t apply to these independent crimes. These exceptions usually involve consent and harm, but they don’t count if the action is already illegal.

Clear Legal Boundaries: This section sets clear boundaries, ensuring that some actions are always illegal, even with consent.

Protection from Exploitation: The law protects people by not allowing them to agree to illegal activities. This prevents situations where someone might be pressured into consenting to something illegal.

Example: Selling counterfeit money is another example. Even if someone agrees to buy fake money, selling it is still a crime.

Focus on Public Safety: By making certain acts illegal no matter the consent, the law helps protect public safety and maintains social order.


Bharatiya Nyaya Sanhita Section 29

AspectDescription
DefinitionCertain actions are illegal on their own, regardless of harm or consent.
OffenseIndependent offenses are not justified by consent or lack of harm.
PunishmentPunishment is applicable for these acts, even if there was consent.
BailableDepends on the specific offense, as some independent offenses may be non-bailable depending on their nature.
Bharatiya Nyaya Sanhita Section 29

BNS Section 29 FAQs

What does BNS Section 29 mean by independent offenses?

What is an example of an independent offense?

Does harm need to be proven for an act to be illegal under this section?

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.


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