IPC 91→BNS 29

IPC 91 to BNS 29: Exclusion of acts which are offences independently of harm caused

Section 91 IPC (1860) replaced by Section 29 BNS (2023)

View IPC Section 91 →View BNS Section 29 →

IPC 91 to BNS 29 at a Glance

Section 91 IPC (Exclusion of acts which are offences independently of harm caused) is now Section 29 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 91 to BNS 29?

Section 29 BNS keeps the rule and the illustration word for word. It points to Section 25 BNS, Section 26 BNS and Section 27 BNS in place of the IPC sections, and prints Illustration with a full stop.

IPC 91 vs BNS 29: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section9129
OffenceExclusion of acts which are offences independently of harm causedSame
PunishmentNone. Section 91 IPC creates no offence.None. Section 29 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 91 and BNS 29: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 91, IPC 1860

91. Exclusion of acts which are offences independently of harm caused.—The exceptions in sections 87, 88 and 89 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.
BNS 2023 (in force)

Section 29, BNS 2023

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.

Ingredients: IPC 91 vs BNS 29

Under IPC 91
  1. The act is an offence independently of any harm it may cause, be intended to cause, or be known to be likely to cause
  2. The harm would fall on the person giving the consent, or the person on whose behalf it is given
  3. The act is one for which Section 87 IPC, Section 88 IPC or Section 89 IPC is relied on as an exception
Under BNS 29
  1. The act is an offence independently of any harm it may cause, be intended to cause, or be known to be likely to cause
  2. The harm would fall on the person giving the consent, or the person on whose behalf it is given
  3. The act is one for which Section 25 BNS, Section 26 BNS or Section 27 BNS is relied on as an exception

What IPC 91 to BNS 29 Means for Pending Cases

For Section 91 IPC (now Section 29 BNS): nothing changes in the limit on the consent exceptions. Section 29 BNS keeps the rule and the miscarriage illustration, and refers to the BNS sections for consent.

FAQs: IPC 91 to BNS 29

What changed when Section 91 IPC became Section 29 BNS?▼

Only the cross-references. Section 29 BNS points to Section 25 BNS, Section 26 BNS and Section 27 BNS in place of the three IPC sections. The rule and the illustration stay the same.

Where does Section 91 IPC sit in the BNS?▼

In Section 29 BNS, in Chapter III, General Exceptions.

Does Section 91 IPC or Section 29 BNS apply to an act done before 1 July 2024?▼

Section 91 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 91 IPC. Section 29 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 ·