Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 26: Act not intended to cause death, done by consent in good faith for person's benefit.
Nothing, which is not intended to cause death, 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 any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.
Brief Detail
BNS Section 26 states that an act not intended to cause death is not considered an offence if it causes harm that was not intended by the doer, and if it is done in good faith for the person's benefit. The person who is harmed must have given consent, either express or implied, to suffer the harm or take the risk of it.
The provided illustration demonstrates a scenario where a surgeon performs a risky operation with the consent of the patient and with the intention of benefiting the patient, despite knowing the operation could cause death. In such a case, the surgeon is not deemed to have committed an offence.
Question & Answers
1. What does BNS Section 26 state about acts that are not intended to cause death?
BNS Section 26 states that an act which is not intended to cause death is not considered an offence due to any harm it may cause, provided that the act is done in good faith for the benefit of the person and the person has consented to suffer the harm or take the risk of it.
2. What conditions must be met for an act to not be considered an offence under BNS Section 26?
The conditions are:
- The act must not be intended to cause death.
- It must be done in good faith for the benefit of the person.
- The person must have given consent, whether express or implied, to suffer the harm or take the risk of it.
3. What does the illustration in BNS Section 26 involve?
The illustration involves a surgeon performing an operation that is likely to cause death but does so with the intention of benefiting the patient and with the patient’s consent. The surgeon, in this case, is not committing an offence.
Example
A doctor performs a surgical procedure that he knows has a high risk of leading to death, but he does so to relieve the patient of severe pain and with the patient’s informed consent. According to BNS Section 26, as the doctor did not intend to cause death and the procedure was done in good faith for the patient’s benefit with the patient’s consent, the doctor has not committed an offence.
