Section 88 IPC: Act not intended to cause death, done by consent in good faith for person's benefit

Indian Penal Code, 1860

Section 88 IPC at a Glance

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

Punishment

None. Section 88 IPC creates no offence.

BNS Equivalent

Section 26 →

Section 88 IPC Bare Act Text

88. 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 88, Indian Penal Code, 1860

Section 88 IPC in Simple Words

Section 88 of the Indian Penal Code (IPC) protects an act done for a person's benefit with that person's consent. Nothing which is not intended to cause death is an offence by reason of any harm which it causes, or is meant or known to be likely to cause, to a person for whose benefit it is done in good faith and who has given consent, express or implied, to suffer the harm or take the risk of it.

Ingredients of Section 88 IPC

  • 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 88 IPC

Imprisonment

None. Section 88 IPC creates no offence.

Fine

None.

Section 88 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 88 IPC

In 2021 in Shimla, a mountaineer named Pradeep suffered frostbite on two fingers during a trek. At a clinic, a physician named Arvind advised removing the dead tissue immediately to prevent fatal infection, warning Pradeep that the procedure would cause severe pain and permanent loss of part of a finger. Pradeep gave his express consent to suffer that harm. Arvind performed the procedure in good faith for the benefit of Pradeep, intending the tissue loss for his recovery and not intending to cause death. The act is not an offence because of Section 88 IPC.

When Section 88 IPC Does Not Apply

  • The doer acts with the intention of causing the death of the person.
  • The act is carried out without good faith, lacking due care and attention.
  • The act is not performed for the benefit of the person who suffers the harm.
  • The person harmed has neither consented to suffer the harm nor agreed to take the risk of it.

Section 88 IPC in the BNS

Section 88 IPC is now covered under Section 26 BNS.

Section 26 BNS keeps the exception in the same words.

View detailed comparison (IPC 88 vs BNS 26) →

FAQs on Section 88 IPC

What does Section 88 IPC say?▼

That nothing which is not intended to cause death is an offence by reason of harm done in good faith for the benefit of a person who has consented to suffer that harm or take the risk of it.

Can the doer know the harm is likely under Section 88 IPC?▼

Yes. He may intend the harm or know it is likely, but he must not intend death.

Under Section 88 IPC, who must have given the consent?▼

The person for whose benefit the act is done.

Is Section 88 IPC an offence?▼

No. It is a General Exception in Chapter IV, so an act within it is not an offence.

What is the BNS equivalent of Section 88 IPC?▼

Section 26 BNS, in the same words.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·