BNS Section 29

Section 29 of the Bharatiya Nyaya Sanhita (BNS) deals with the exclusion of acts that are considered offenses independently of any harm they may cause or be intended to cause to the person giving consent, or on whose behalf the consent is given.

IPC Section 91

The exceptions in sections 21, 22, and 23 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.

Illustrations: Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is 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.

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