IPC 88→BNS 26

IPC 88 to BNS 26: Act not intended to cause death, done by consent in good faith for person's benefit

Section 88 IPC (1860) replaced by Section 26 BNS (2023)

View IPC Section 88 →View BNS Section 26 →

IPC 88 to BNS 26 at a Glance

Section 88 IPC (Act not intended to cause death, done by consent in good faith for person's benefit) is now Section 26 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 88 to BNS 26?

Section 26 BNS keeps the exception in the same words.

IPC 88 vs BNS 26: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section8826
OffenceAct not intended to cause death, done by consent in good faith for person's benefitSame
PunishmentNone. Section 88 IPC creates no offence.None. Section 26 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 88 and BNS 26: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 88, IPC 1860

88. 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.
BNS 2023 (in force)

Section 26, BNS 2023

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.

Ingredients: IPC 88 vs BNS 26

Under IPC 88
  1. The act is not intended to cause death
  2. The act is done in good faith for the benefit of the person harmed
  3. That person has given a consent, whether express or implied, to suffer the harm, or to take the risk of it
  4. The doer may intend the harm, or know that it is likely, so long as death is not intended
Under BNS 26
  1. The act is not intended to cause death
  2. The act is done in good faith for the benefit of the person harmed
  3. That person has given a consent, whether express or implied, to suffer the harm, or to take the risk of it
  4. The doer may intend the harm, or know that it is likely, so long as death is not intended

What IPC 88 to BNS 26 Means for Pending Cases

For Section 88 IPC (now Section 26 BNS): nothing changes in the protection for an act done for a person's benefit with that person's consent. Section 26 BNS keeps the conditions and the illustration.

FAQs: IPC 88 to BNS 26

Does the BNS keep the exception in Section 88 IPC?▼

Yes. Section 26 BNS says the same in the same words and keeps the illustration.

Where does Section 88 IPC sit in the BNS?▼

In Section 26 BNS, with the same heading, in Chapter III, General Exceptions.

Does Section 88 IPC or Section 26 BNS apply to an act done before 1 July 2024?▼

Section 88 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 88 IPC. Section 26 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·