BNS Section 26- Act not intended to cause death, done by consent in good faith for person’s benefit | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 26 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

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

Procedural Details

Punishment

Depends on original offence

Nature of Offense

Depends on original offence

Bail Eligibility

Depends on original offence

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Depends on original offence

Frequently Asked Questions about BNS Section 26

According to the official bare act, this legal offense is defined as: Act not intended to cause death, done by consent in good faith for person’s benefit.— 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. Illustration. A, 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.
The punishment for this specific offense is outlined under the new law as: Depends on original offence
Under the new legal framework, this specific offense is classified as a Depends on original offenceoffense.
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Cases pertaining to this specific BNS section are triable by the Depends on original offence.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

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