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Section 26 — Act not intended to cause death, done by consent in good faith for person's benefit
26
26
Act not intended to cause death, done by consent in good faith for person's benefit
Bharatiya Nyaya Sanhita, 2023
Chapter III General Exceptions
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
General ExceptionsConsentGood Faith
🗣️ Simple Explanation
What does this law say? Section 26 of the Bharatiya Nyaya Sanhita (BNS) says that if you do something that might cause harm, but you don't mean to kill anyone, and it's for someone's good with their agreement, it's not a crime. This section replaces the old Section 88 of IPC.
Why does this law exist? This law protects doctors and others who act to help someone. It ensures that good intentions are considered. It balances the need to help with the risk of harm.
Real-life impact Imagine a surgery. The doctor knows it could be risky, but the patient agrees. If the surgery goes wrong, the doctor isn't automatically guilty. This law allows for necessary medical procedures.
What happens if you break this law? This section doesn't define a crime, but it provides a defense. If you act in good faith with consent, you are not committing an offense.
💡 Real Life Example

Rahul needs surgery. He agrees to the operation, knowing there are risks. The doctor performs the surgery to help Rahul. Even if something goes wrong, the doctor is protected by this law. No crime is committed.
Sneha agrees to a risky medical treatment. The doctor explains the possible harm. If Sneha consents and the doctor acts in good faith, it's not a crime, even if there are complications. No crime is committed.

🛡️ KNOW YOUR RIGHTS
  • •Understand the risks before giving consent.
  • •Seek a second opinion if you're unsure.
  • •Ensure consent is freely given, without pressure.
  • •Consult a lawyer if you feel pressured.
❓ FREQUENTLY ASKED QUESTIONS
Section 26 of BNS protects actions done in good faith for someone's benefit, even if there's a risk of harm, as long as the person agreed. It means that if you're trying to help someone and they consent, you won't be punished if something goes wrong. This applies to medical procedures and other situations.
No, Section 26 isn't about a crime itself. It explains when an action isn't considered a crime. It's a defense. If you act in good faith and have consent, you're protected from being charged with an offense, even if harm occurs.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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