Introduction of BNS 27
BNS Section 27 of the Bharatiya Nyaya Sanhita, 2023, deals with acts done by consent in good faith for the benefit of a person under twelve years of age or of unsound mind, by their guardian or someone lawfully in charge of them. This provision ensures that protective actions taken with genuine care and lawful authority are not treated as offences. It reflects the principle that law recognizes the importance of good faith, consent, and the welfare of those unable to decide for themselves. Understanding this section helps in knowing how the reformed criminal law safeguards the interests of minors and individuals of unsound mind.
The Bharatiya Nyaya Sanhita (BNS) Section 27 replaces the old Indian Penal Code (IPC) Section 89.
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
Nothing which is done in good faith for the benefit of a child under twelve years of age, or of a person with mental illness, by or by consent, either express or implied, of the guardian or other person having lawful charge of that child or person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause to that child or person:
Provided that this section shall not extend to—
the intentional causing of death, attempting to cause death, doing anything known to be likely to cause death, voluntarily causing grievous hurt, attempting to cause grievous hurt, or the abetment of any such offence.
(This provision corresponds to IPC Section 89, updated under BNS 2023.)
Meaning of Section 27
BNS Section 27 provides legal protection in situations where an action is taken in good faith for the benefit of a child below twelve years of age or a person suffering from mental illness. Often, such individuals are not capable of making independent decisions regarding their health, safety, or welfare. In such circumstances, the responsibility shifts to their guardian, parent, or lawful caretaker. The law ensures that actions taken honestly and for their benefit, even if they result in unintended harm, are not treated as criminal offences. This reflects the principle that intent matters more than the outcome, especially in sensitive cases involving vulnerable individuals.
Purpose of Section 27
The primary objective of this section is to safeguard those who take responsibility for children and persons with mental illness. Guardians, parents, and doctors often face difficult decisions where the outcome may involve risk. Without such legal protection, they might hesitate to act, fearing criminal prosecution. By recognizing genuine intentions and protecting good faith actions, Section 27 ensures that people continue to take necessary steps in medical, social, and emergency situations. At the same time, the law carefully balances this protection by denying it in cases of death, grievous hurt, or malicious intent, thus preventing misuse.
Essential Ingredients of Section 27
For this protection to apply, a few essential conditions must be present. First, the act must involve a child under the age of twelve or a person with mental illness. Second, the act should be performed by the guardian, caretaker, or a person acting with their express or implied consent. Third, the act must be done in good faith, which means with honesty, proper care, and without any hidden intention to cause harm. Finally, the purpose behind the act must be for the welfare of the child or person with mental illness. If these conditions are satisfied, the law will protect the doer even if harm occurs as a side effect.
Punishment under BNS Section 27
There is no punishment prescribed under BNS Section 27 because an act done within its scope is not considered an offence at all. The section works as a legal defence, removing criminal liability when actions are guided by good faith. However, it is important to note that while criminal liability is excluded, civil liability may still arise. For example, if a medical procedure performed on a child causes complications due to negligence, the doctor may not be criminally prosecuted but could still be held responsible for damages under civil law.
Examples of BNS Section 27 in Action
To understand the practical application of this section, let us consider a few examples. Suppose a doctor performs surgery on a ten-year-old child with the consent of the parents. Even if the child suffers unforeseen harm during the procedure, the doctor is not guilty of an offence since the act was done in good faith with the intent to save life. In another case, if a guardian administers medicine to a mentally ill person to control violent behavior and it causes temporary side effects, the guardian is protected under this section. However, if someone knowingly gives a harmful substance to a child that results in death, the law will not protect such an action, as it falls under the explicit exceptions of this section.
Importance of BNS Section 27
BNS Section 27 holds significant importance in legal and social contexts. It acknowledges that children and mentally ill persons often depend on guardians and caretakers for their well-being. The law provides a shield to those who act responsibly and sincerely in the interest of such individuals, ensuring that they are not wrongfully punished for unintended consequences. At the same time, it clearly excludes intentional or reckless harm, striking a balance between protection and accountability. By updating IPC Section 89 into modern, simplified language, this provision strengthens the legal framework for the protection of vulnerable individuals while promoting fairness and justice.
Section 27 BNS Explained
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.
IPC Section 89 vs BNS Section 27
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 27 | Protects acts in good faith for the benefit of a child under twelve or a person of unsound mind, with guardian’s consent, even if harm occurs unintentionally. Exceptions: death, grievous hurt, or abetment. | No punishment since acts are not offences if protection applies. Civil liability may still remain. | Not directly applicable – depends on the substantive offence avoided. | Cognizability depends on underlying offence if protection does not apply. | Ordinary criminal courts (if offence exists); otherwise, no trial needed. |
| IPC Section 89 (Old) | Similar protection under IPC for good faith acts done for a child or unsound person with guardian’s consent, except when acts cause or attempt to cause death or grievous hurt. | No punishment if exemption applies; ordinary IPC penalties otherwise. Civil damages possible. | Depends on IPC offence avoided – section itself did not define bailability. | Same principle – cognizability based on underlying IPC offence. | Tried by regular IPC criminal courts where applicable. |
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.
Conclusion
In conclusion, BNS Section 27 carries forward the essence of IPC Section 89 by protecting lawful guardians and caretakers who act in good faith for the benefit of children or persons of unsound mind. The provision ensures that necessary care and protective actions are not criminalized, provided they are done without harmful intent. This reform under the BNS continues to balance legal accountability with compassion, making the law clearer, more modern, and better aligned with present-day justice needs.
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Finished with BNS Section 27 ? 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 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/ - 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 IPC Section List: https://marriagesolution.in/ipc-section-list
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