Exclusion of acts which are offences independently of harm caused
Chapter 3: General exceptions
The exceptions in sections 25, 26 and 27 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.
Illustration.
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an 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.
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 26Act not intended to cause death, done by consent in good faith for person's benefitIPC 88
- 27Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardianIPC 89
- 28Consent known to be given under fear or misconceptionIPC 90
- 30Act done in good faith for benefit of a person without consentIPC 92
- 31Communication made in good faithIPC 93
- 32Act to which a person is compelled by threatsIPC 94