Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, 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 that person:
Provided that this exception shall not extend to---
(a) the intentional causing of death, or to the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Illustration.
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, in as much as his object was the cure of the child.
Provided that this exception shall not extend to---
(a) the intentional causing of death, or to the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Illustration.
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, in as much as his object was the cure of the child.
आगे पढ़ें / Continue reading
Explore the next section or browse this act in the selected language.
Next · Section 28Consent known to be given under fear or misconception. →All sections / सभी धाराएँThe Bharatiya Nyaya Sanhita, 2023 →
More sections of this act
Section 1 · Short title, commencement and application.Section 2 · Definitions.Section 3 · General explanations.Section 4 · Punishments.Section 5 · Commutation of sentence.Section 6 · Fractions of terms of punishment.Section 7 · Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.Section 8 · Amount of fine, liability in default of payment of fine, etc.India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2025-11-07. Check the linked official text and subsequent notifications when applying a provision.