BNS · Bharatiya Nyaya Sanhita, 2023

Section 26 BNS

Act not intended to cause death, done by consent in good faith for person's benefit

Offence

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.

Punishment summary

  • Punishment may include death.

FAQ — Section 26 BNS

Section 26 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with “Act not intended to cause death, done by consent in good faith for person's benefit”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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, bu

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.