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Act not intended to cause death, done by consent in good faith for person’s benefit
Section 26 of the Bharatiya Nyaya Sanhita (BNS), 2023, outlines a general exception to criminal liability.
IPC Section 88
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.
Illustrations: 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.
Example: Vijay, a surgeon, knowing that a particular surgery is likely to cause death to Rakesh who is suffering with a painful disease, performs that surgery on Rakesh, not intending to cause his death but for his benefit and with consent, has committed no offence.
Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.
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