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BNS · Section 26 · Chapter III — GENERAL EXCEPTIONS

Act not intended to cause death, done by consent in good faith for person’s benefit

What this section does

An act done in good faith for a person's benefit, and not intended to cause death, is not an offence on account of any harm it may cause, if that person has given express or implied consent to suffer the harm or take the risk. This section is broader than section 25 in that it covers acts known to be likely to cause harm (short of death), provided good faith and consent are present. The classic illustration is a surgeon performing a risky operation with the patient's consent.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Old-law correspondence

Derived from IPC s.88.

Read the official text

For the binding statutory text of BNS Section 26, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 26 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.