Section 89 IPC (Act done in good faith for benefit of child or insane person, by or by consent of guardian) is now Section 27 BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 89 to BNS 27?
Section 27 BNS keeps the exception and the four limits. It prints the four provisos as clauses a to d, says person of unsound mind where the IPC says unsound mind and insane person, and writes in as much as in three words.
IPC 89 vs BNS 27: Comparison Table
Aspect
IPC 1860 (repealed)
BNS 2023 (in force)
Section
89
27
Offence
Act done in good faith for benefit of child or insane person, by or by consent of guardian
Same
Punishment
None. Section 89 IPC creates no offence.
None. Section 27 BNS creates no offence.
Fine
None.
Same
Bail
Non-Bailable
Same
Cognizance
Non-Cognizable
Same
Compoundable
Non-Compoundable
Same
IPC 89 and BNS 27: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 89, IPC 1860
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.—Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, 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 that person: Provided—
Provisos. First.—That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;
Secondly.—That this exception shall not extend to 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;
Thirdly.—That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.
Illustration
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, inasmuch as his object was the cure of the child.
BNS 2023 (in force)
Section 27, BNS 2023
Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, 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 that person: Provided that this exception shall not extend to—
(a) the intentional causing of death, or to the attempting to cause death;
(b) 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;
(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Illustration.
A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, in as much as his object was the cure of the child.
Ingredients: IPC 89 vs BNS 27
Under IPC 89
The act is done in good faith for the benefit of a person under twelve years of age, or of unsound mind
It is done by, or by the consent, express or implied, of the guardian or other person having lawful charge of that person
None of the four provisos applies
Under BNS 27
The act is done in good faith for the benefit of a person under twelve years of age, or of unsound mind
It is done by, or by the consent, express or implied, of the guardian or other person having lawful charge of that person
None of the four provisos applies
What IPC 89 to BNS 27 Means for Pending Cases
For Section 89 IPC (now Section 27 BNS): nothing changes in the protection for an act done for a child or a person of unsound mind. Section 27 BNS keeps all four limits and sets them out as clauses a to d.
FAQs: IPC 89 to BNS 27
What changed when Section 89 IPC became Section 27 BNS?▼
Only the form. The four provisos become clauses a to d, and the heading and text say person of unsound mind in place of insane person. The limits stay the same.
Where does Section 89 IPC sit in the BNS?▼
In Section 27 BNS, in Chapter III, General Exceptions.
Does Section 89 IPC or Section 27 BNS apply to an act done before 1 July 2024?▼
Section 89 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 89 IPC. Section 27 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 ·