Section 27 BNS: Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
Bharatiya Nyaya Sanhita, 2023
Section 27 BNS at a Glance
Section 27 BNS deals with act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian. It replaced Section 89 IPC on 1 July 2024.
None. Section 27 BNS creates no offence.
Section 27 BNS Bare Act Text
27. 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 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.
IllustrationA, 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.
Source: Section 27, Bharatiya Nyaya Sanhita, 2023
Section 27 BNS in Simple Words
Section 27 of the Bharatiya Nyaya Sanhita (BNS) protects acts done in good faith for the benefit of a child under 12 years of age, or a person of unsound mind, when the act is done either with the consent of the guardian or by the guardian for that person’s benefit. In simple terms, if a doctor, parent, teacher, or other responsible person acts honestly and with proper care to help a minor or a person of unsound mind, the law may treat that act as justified even if it would otherwise be an offence. This protection is not automatic. The act must be done in good faith, for the person’s benefit, and within the four limits set out in the proviso.
It cannot be used to justify intentional death, or known risk of death or grievous hurt unless done to prevent death or grievous hurt or to cure a grievous disease or infirmity. In practice, this section often matters in medical treatment, emergency care, and other situations where a guardian’s consent is involved. It gives legal protection to genuine acts of care, but it does not excuse abuse or negligence.
Ingredients of Section 27 BNS
- 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
Punishment Under Section 27 BNS
None. Section 27 BNS creates no offence.
None.
Section 27 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Example of Section 27 BNS
When Section 27 BNS Does Not Apply
- The act is the intentional causing of death or the attempting to cause death
- The act is known to be likely to cause death and is done for a purpose other than preventing death or grievous hurt, or curing a grievous disease or infirmity
- The act is the voluntary causing of grievous hurt, or an attempt, for any purpose other than preventing death or grievous hurt, or curing a grievous disease or infirmity
- The act is the abetment of an offence to which the exception would not extend
- The act is not done in good faith, or without the guardian or other person having lawful charge
Section 27 BNS in the IPC (Previous Law)
Section 27 BNS replaces Section 89 IPC from the old criminal code.
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.
View IPC Section 89 →FAQs on Section 27 BNS
Does Section 27 BNS apply to medical treatment of a child?▼
Yes, if the treatment is done in good faith for the child’s benefit and with proper consent from the guardian where required. A doctor must still act with reasonable care and within accepted medical practice. The section does not protect careless or dangerous treatment.
Under Section 27 BNS, can a parent consent to an act that would otherwise be an offence?▼
A guardian can consent only within legal limits and only where the act is truly for the child’s benefit. The law does not allow consent to serious injury, abuse, or unlawful conduct. The real test is good faith and benefit to the child or person of unsound mind.
Who is covered under Section 27 BNS?▼
It mainly covers children below 12 years and persons of unsound mind. The protection is linked to acts done for their benefit, usually by parents, guardians, doctors, or caregivers. The person acting must honestly believe the act is necessary and proper.
Is Section 27 BNS a defence in every case involving consent?▼
No. Consent alone is not enough. The act must also be in good faith and for the protected person’s benefit. If the act is excessive, reckless, or not genuinely for their welfare, this section will not help.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·