BNS Section 27- Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 27 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 done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.—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— the intentional causing of death, or to the attempting to cause death; 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; 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; 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.

Procedural Details

Punishment

Definition / General Principle / Repealed

Nature of Offense

N/A

Bail Eligibility

N/A

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

N/A

Frequently Asked Questions about BNS Section 27

According to the official bare act, this legal offense is defined as: Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian.—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— the intentional causing of death, or to the attempting to cause death; 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; 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; 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.
The punishment for this specific offense is outlined under the new law as: Definition / General Principle / Repealed
Under the new legal framework, this specific offense is classified as a N/Aoffense.
The legal status regarding police arrest without a warrant is that this offense isN/A.
Cases pertaining to this specific BNS section are triable by the N/A.
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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