What Is BNS Section 27?

Bharatiya Nyaya Sanhita, 2023 - Section 27: Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.

Nothing which is done in good faith for the benefit of a person under twelve years of age, or a person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that 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 person:

Provided that this exception shall not extend to:

• (a) the intentional causing of death, or to the attempting to cause death;
• (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
• (c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
• (d) the abetment of any offence, to the committing of which offence it would not extend.

Illustration.

A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.

Brief Detail

BNS Section 27 outlines that acts done in good faith for the benefit of a person under twelve years of age or a person of unsound mind, with the consent of their guardian, are not considered an offence due to any harm caused. However, this exception does not apply in cases involving:

• Intentional causing or attempting to cause death
• Actions known to be likely to cause death, unless for preventing death or serious injury, or curing a serious disease
• Voluntary causing or attempting to cause grievous hurt, unless for preventing death or serious injury, or curing a serious disease
• Abetment of offences

The illustration clarifies that a parent acting in good faith to benefit their child, even if it may result in death, is within the exception if the intent is to cure.

Question & Answers

Q1: What does BNS Section 27 cover?

A1: BNS Section 27 covers acts done in good faith for the benefit of a person under twelve years of age or a person of unsound mind, provided there is consent from their guardian.

Q2: Are there any exceptions to the protection provided under BNS Section 27?

A2: Yes, the exceptions include:

• Intentional causing or attempting to cause death
• Doing anything likely to cause death unless it is for preventing death or grievous harm, or curing a serious disease
• Voluntarily causing or attempting to cause grievous harm unless for preventing death or grievous harm, or curing a serious disease
• Abetment of an offence not covered by this section

Q3: What is an example of an act that is covered under this section?

A3: An example is a parent who has their child undergo surgery knowing it might cause death but intending to cure the child. The act is covered under the exception if the intent is beneficial.

Example

Scenario: A parent consents to a medical procedure for their child that is known to be risky and might result in death, but the intent is to cure a serious condition. Under BNS Section 27, this act is not considered an offence as long as the intent is beneficial.

Summary

BNS Section 27 provides protection for acts done in good faith for the benefit of children or persons of unsound mind, with guardian consent. It excludes exceptions for actions leading to death or serious injury unless intended to prevent such outcomes or cure serious conditions. The illustration demonstrates this by showing a parent's good faith act, even if risky, as permissible under this section.