Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 29: Exclusion of acts which are offences independently of harm caused.
The exceptions in sections 25, 26, and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration:
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.
Brief Detail
Section 29 of the BNS (specific law or code) clarifies that certain exceptions provided in sections 25, 26, and 27 do not apply to acts that are considered offences regardless of the harm they may cause or be intended to cause. Specifically, acts that are deemed criminal by their nature, irrespective of consent or the intent to cause harm, are excluded from these exceptions. An example provided is the act of causing a miscarriage, which is deemed an offence independently of any potential harm it may cause. Even if consent is given by the woman or her guardian, such an act remains unjustifiable.
Question & Answers
1. What does BNS Section 29 state about exceptions in sections 25, 26, and 27?
Section 29 states that these exceptions do not apply to acts that are considered offences regardless of the harm they may cause or be intended to cause.
2. Can consent justify an act that is an offence independently of harm, according to BNS Section 29?
No, consent cannot justify such acts as they are deemed offences independently of any harm caused.
3. What is an example provided in the illustration of BNS Section 29?
The illustration provides the example of causing a miscarriage, which is considered an offence independently of any harm caused or intended to be caused. Consent does not justify this act.
Example
If a person intentionally causes harm to another, and that act is defined as a criminal offence under the law regardless of any potential harm, consent from the harmed individual does not make the act justifiable. For instance, causing a miscarriage is criminally punishable irrespective of the consent given by the woman or her guardian.
Summary
BNS Section 29 specifies that certain exceptions do not apply to acts that are criminal by nature regardless of the harm they may cause. Acts that are deemed criminal independently of any harm are not justified by consent. An example given is causing a miscarriage, which remains an offence irrespective of consent.
