What Is BNS Section 30?

Bharatiya Nyaya Sanhita, 2023 - Section 30: Act done in good faith for benefit of a person without consent.

Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit.

Provided that this exception shall not extend to––

• the intentional causing of death, or the attempting to cause death;
• 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;
• the voluntary causing of hurt, or the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
• the abetment of any offence, to the committing of which offence it would not extend.

Illustrations

1. Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.
2. Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence.
3. A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.
4. A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.

Explanation—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section.

Brief Detail

Section 30 of the BNS Act provides that an act done in good faith for the benefit of a person, even without their consent, is not considered an offence if it is done under circumstances where obtaining consent is impossible or if the person is incapable of giving consent and has no guardian to give it on their behalf. However, this exception does not cover intentional acts that cause death, actions likely to cause death for reasons other than preventing serious harm or curing a serious condition, voluntary causing of hurt, or abetment of any offence.

Question & Answers

Q: What does Section 30 of the BNS Act state about acts done in good faith without consent?

A: Section 30 states that an act done in good faith for the benefit of a person, even without their consent, is not an offence if obtaining consent is impossible or if the person is incapable of giving consent and has no guardian to give consent on their behalf.

Q: What are the exceptions where Section 30 does not apply?

A: The exceptions include:

• Intentional causing of death or attempting to cause death.
• Doing something likely to cause death, other than preventing death or grievous hurt or curing a serious disease.
• Voluntary causing of hurt or attempting to cause hurt for reasons other than preventing death or hurt.
• Abetment of an offence that the exception does not cover.

Q: Are there any illustrations given in Section 30?

A: Yes, there are several illustrations:

1. A surgeon trepanning an insensible person without consent.
2. A person shooting at a tiger to save someone, knowing the shot might kill them.
3. In an emergency where a child's guardian is not available, a surgeon performing a life-saving operation on the child.
4. During a fire, a person dropping a child from a building into a blanket held by people below, knowing the fall could be fatal but intending to save the child.

Q: Does Section 30 cover mere pecuniary benefits?

A: No, Section 30 does not cover mere pecuniary benefits.

Example

Example 1: A surgeon performs a necessary but risky operation on an unconscious patient, intending to save their life. Since the operation is done in good faith for the patient’s benefit, and obtaining consent was impossible, the surgeon has committed no offence.

Example 2: A person fires at a tiger attacking someone, knowing that the shot might kill the victim but intending to save them from the tiger. If the shot accidentally kills the victim, the person who fired has committed no offence.

Example 3: In an emergency where a child's guardian is not available, a surgeon performs a life-saving operation on the child. Since it is done in good faith for the child's benefit, the surgeon has committed no offence.

Example 4: During a fire, a person drops a child from a building into a blanket held by people below, knowing the fall could be fatal but intending to save the child. Even if the child is killed by the fall, the person has committed no offence.