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Section 27 BNS: Act Done in Good Faith for Benefit of Child or Person of Unsound Mind

Section 27 of the Bharatiya Nyaya Sanhita, 2023 creates a general exception for certain acts done in good faith for the benefit of a person under twelve years of age or a person of unsound mind, either by the guardian or lawful custodian, or with that person's express or implied consent. The exception is subject to four important statutory limitations.

Current legal position: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except section 106(2), came into force on July 1, 2024.

Text of Section 27 of the Bharatiya Nyaya Sanhita, 2023

27. 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-

(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.

Meaning of Section 27 BNS

Section 27 applies where an act is done in good faith for the benefit of a child below twelve years of age or a person of unsound mind. The act may be done by the guardian or another person having lawful charge, or it may be done with the express or implied consent of such guardian or lawful custodian.

The provision can cover harm that is caused, intended, or known to be likely, but only within the limits set by the proviso. The section therefore does not create an unlimited authority for a guardian to consent to harmful conduct.

Essential Conditions for the Section 27 Exception

Four Statutory Limits on Guardian Consent

1. Intentional causing of death: Section 27 does not protect the intentional causing of death or an attempt to cause death.

2. Acts known likely to cause death: such an act is outside the exception unless its purpose is preventing death or grievous hurt, or curing a grievous disease or infirmity.

3. Voluntary grievous hurt: voluntarily causing or attempting to cause grievous hurt is excluded unless done to prevent death or grievous hurt, or to cure a grievous disease or infirmity.

4. Abetment: the exception does not protect abetment of an offence where the underlying offence itself would fall outside the exception.

Illustration Under Section 27

The statutory illustration describes A acting in good faith for his child's benefit and arranging for a surgeon to operate on the child for stone. A knows that the operation is likely to cause the child's death but does not intend death. The illustration places A within the exception because the object is the cure of the child.

Meaning of Benefit Under Sections 26, 27 and 30

The Bharatiya Nyaya Sanhita further clarifies that mere pecuniary benefit is not "benefit" for the purposes of Sections 26, 27 and 30. Therefore, a financial advantage alone is not enough to satisfy the statutory requirement that the act be done for the person's benefit.

Relationship with Sections 26, 28, 29 and 30 BNS

Section 26 BNS deals with acts not intended to cause death that are done in good faith for a person's benefit with that person's consent. Section 27 adapts this protection to children under twelve and persons of unsound mind by recognizing guardian or lawful-custodian consent.

Section 28 BNS sets out circumstances in which consent is not valid for these purposes. Section 29 BNS states that Sections 25, 26 and 27 do not extend to acts that are offences independently of the harm caused. Section 30 BNS separately deals with acts done in good faith for a person's benefit without consent in specified circumstances.

Related BNS Provisions

Section 21: Act of a child above seven and under twelve years of immature understanding Section 22: Act of a person of unsound mind Section 23: Incapacity by involuntary intoxication Section 24: Offence requiring particular intent or knowledge committed by an intoxicated person Section 25: Act not intended or known likely to cause death or grievous hurt, done by consent Section 26: Act not intended to cause death, done by consent in good faith Section 28: Consent known to be given under fear or misconception Section 29: Exclusion of acts independently constituting offences Section 30: Act done in good faith for benefit of a person without consent

Practical Summary

Section 27 BNS protects certain good-faith acts done for the benefit of a child under twelve or a person of unsound mind through guardian or lawful-custodian authority. However, the exception is carefully limited: intentional death, certain acts known likely to cause death, voluntary grievous hurt outside specified protective or curative purposes, and excluded forms of abetment remain outside its protection.

This page reproduces and explains the statutory provision for general legal information. For the authoritative text and commencement notification, refer to the official sources in the right sidebar.