Section 29 BNS: Exclusion of acts which are offences independently of harm caused

Bharatiya Nyaya Sanhita, 2023

Section 29 BNS at a Glance

Section 29 BNS deals with exclusion of acts which are offences independently of harm caused. It replaced Section 91 IPC on 1 July 2024.

Punishment

None. Section 29 BNS creates no offence.

IPC Equivalent

Section 91 →

Section 29 BNS Bare Act Text

29. Exclusion of acts which are offences independently of harm caused

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.

Source: Section 29, Bharatiya Nyaya Sanhita, 2023

Section 29 BNS in Simple Words

Section 29 of the Bharatiya Nyaya Sanhita (BNS) places an important limit on the consent defences in Sections 25, 26, and 27 BNS. It states that those exceptions do not extend to acts that are offences independently of any harm they may cause, or be intended or known to be likely to cause, to the person giving consent or on whose behalf consent is given.

In simple terms, consent can only excuse an act when the act is an offence solely because of the harm caused to the consenting person. If the law makes an act a crime in itself for broader public or legal reasons, such as causing an unlawful miscarriage where the woman’s life is not in danger, the consent of the person or their guardian cannot make that act lawful.

In practice, this section prevents an accused person from using consent as a shield when the conduct is an independent offence under the law regardless of personal harm.

Ingredients of Section 29 BNS

  • The act is an offence independently of any harm it may cause, be intended to cause, or be known to be likely to cause
  • The harm would fall on the person giving the consent, or the person on whose behalf it is given
  • The act is one for which Section 25 BNS, Section 26 BNS or Section 27 BNS is relied on as an exception

Punishment Under Section 29 BNS

Imprisonment

None. Section 29 BNS creates no offence.

Fine

None.

Section 29 BNS is a General Exception that limits other General Exceptions. It has no entry in the First Schedule to the BNSS.

Example of Section 29 BNS

In Lucknow, a clinic owner causes a pregnant woman to miscarry at her request, though her life was not in danger. She agreed to it, but causing miscarriage is an offence in itself, apart from any harm to her. Section 29 BNS keeps the consent exceptions from excusing it, so her consent does not justify the act.

When Section 29 BNS Does Not Apply

  • The act is not an offence apart from the harm it causes, such as a surgeon's operation done with the consent of the patient
  • The miscarriage is caused in good faith for the purpose of saving the life of the woman
  • No consent exception under Section 25 BNS, Section 26 BNS or Section 27 BNS is relied on

Section 29 BNS in the IPC (Previous Law)

Section 29 BNS replaces Section 91 IPC from the old criminal code.

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.

View IPC Section 91 →

FAQs on Section 29 BNS

Does Section 29 BNS create any offence by itself?▼

No. Section 29 BNS does not create a separate offence or punishment. It only limits the consent exceptions in Sections 25, 26, and 27 BNS so they cannot be used to excuse acts that are offences independently of the harm caused to the consenting person.

Why is Section 29 BNS important in criminal cases?▼

It makes clear that private consent cannot legalise an act that the law forbids on independent grounds. Even if a person agrees to the act, the doer remains liable if the act is an offence apart from the harm to that person.

Can Section 29 BNS be used as a defence?▼

No. Section 29 BNS is not a defence. Instead, it restricts when an accused can rely on the consent defences under Sections 25, 26, and 27 BNS.

Is there any punishment under Section 29 BNS?▼

No punishment is prescribed under this section. It is a legal interpretive provision, so questions of bail, cognizability, and compoundability do not apply to it directly.

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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 ·