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

Bharatiya Nyaya Sanhita, 2023

Section 26 BNS at a Glance

Section 26 BNS deals with act not intended to cause death, done by consent in good faith for person’s benefit. It replaced Section 88 IPC on 1 July 2024.

Punishment

None. Section 26 BNS creates no offence.

IPC Equivalent

Section 88 →

Section 26 BNS Bare Act Text

26. 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.

Source: Section 26, Bharatiya Nyaya Sanhita, 2023

Section 26 BNS in Simple Words

Section 26 of the Bharatiya Nyaya Sanhita (BNS) protects a person who causes harm while acting in good faith for that person’s benefit, so long as there is no intention to cause death. The key idea is consent. If the person affected has given consent, and the act is done honestly for their benefit, the law does not treat it as an offence merely because some harm was caused.

This provision is often relevant in medical treatment, emergency assistance, or other situations where a person agrees to a risky act for their own advantage. A doctor, for example, may perform a procedure that carries known risks, but if it is done in good faith and with proper consent, Section 26 BNS can protect the act. The section does not give a free pass for careless or malicious conduct.

The consent must be real, and the act must genuinely be for the other person’s benefit. It is practically important because it separates lawful helpful conduct from criminal liability when harm was never the aim.

Ingredients of Section 26 BNS

  • The act is not intended to cause death
  • The act is done in good faith for the benefit of the person harmed
  • That person has given a consent, whether express or implied, to suffer the harm, or to take the risk of it
  • The doer may intend the harm, or know that it is likely, so long as death is not intended

Punishment Under Section 26 BNS

Imprisonment

None. Section 26 BNS creates no offence.

Fine

None.

Section 26 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 26 BNS

In Hyderabad, Dr Meera Iyer performs a high-risk heart operation on Mr Rao, who understands the danger and agrees to it. She knows the operation is likely to cause his death, but she intends only to save his life and acts in good faith. Under Section 26 BNS she commits no offence if he dies.

When Section 26 BNS Does Not Apply

  • The act is intended to cause death
  • The act is not done in good faith, that is, with due care and attention
  • The act is not done for the benefit of the person harmed
  • The person harmed has not given consent to the harm or to the risk of it

Section 26 BNS in the IPC (Previous Law)

Section 26 BNS replaces Section 88 IPC from the old criminal code.

Section 26 BNS keeps the exception in the same words.

View IPC Section 88 →

FAQs on Section 26 BNS

Does Section 26 BNS mean any harmful act is legal if the person agreed?▼

No. Consent alone is not enough. The act must also be done in good faith and for the person’s benefit, and there must be no intention to cause death.

Is Section 26 BNS mostly used in medical cases?▼

Yes, that is one of the most common uses. It can apply to treatment, surgery, or emergency care where some risk of harm is known but the purpose is to help the patient.

Under Section 26 BNS, what if the person later says they did not understand the risk?▼

Then the protection may fail. The validity of consent depends on the facts, including whether the person understood what they were agreeing to and whether the act was truly for their benefit.

Does Section 26 BNS apply if the act was careless?▼

Not automatically. If the conduct was reckless, dishonest, or not in good faith, Section 26 BNS may not protect the person. The court will look closely at the purpose and manner of the act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·