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Section 27 — Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
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27
Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
Bharatiya Nyaya Sanhita, 2023
Chapter III General Exceptions
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
General ExceptionsChild ProtectionMental HealthGood Faith
🗣️ Simple Explanation
What does this law say? Section 27 of the BNS says that if you do something good for a child under 12 or someone with a mental illness, and their guardian agrees, it's not a crime, even if it causes harm. This section replaces the old Section 89 of IPC.
Why does this law exist? This law protects actions taken to help vulnerable people. It allows guardians to make decisions for those who can't. It balances the need to care with the risk of harm.
Real-life impact A parent takes their child for surgery. The child can't consent. The parent's consent protects the doctor. This law allows for necessary medical care for children and those with mental health issues.
What happens if you break this law? This section provides a defense. If you act in good faith for the benefit of a child or person with unsound mind, with guardian consent, you are not committing an offense. However, there are exceptions, like intentionally causing death.
💡 Real Life Example

Amit's child needs an operation. Amit consents to the surgery, knowing there are risks. The doctor performs the surgery to help the child. The doctor is protected by this law. No crime is committed.
Priya's parent consents to a medical procedure for her, as she is under 12. The doctor acts in good faith. Even if there are complications, the doctor is protected. No crime is committed.

🛡️ KNOW YOUR RIGHTS
  • •Ensure the guardian gives informed consent.
  • •Seek legal advice if you are unsure.
  • •Understand the limits of this protection.
  • •Document all actions taken for the child's benefit.
❓ FREQUENTLY ASKED QUESTIONS
Section 27 of BNS protects actions done in good faith for a child or someone with a mental illness, with their guardian's consent. It means that if you're trying to help a vulnerable person and their guardian agrees, you won't be punished if something goes wrong. However, it doesn't protect intentional harm.
The exceptions include intentionally causing death, doing something likely to cause death (except to prevent death or serious harm), causing serious harm (unless to prevent death or serious harm), or helping someone commit a crime. These actions are not protected, even with consent.
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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