Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions
Section 26: Act not intended to cause death, done by consent in good faith for person's benefit
In plain words
An act done in good faith for someone's benefit, with their consent, is not an offence because of the harm it causes or risks, as long as it is not intended to cause death.
- This mainly protects doctors and others acting in good faith for a consenting person's benefit.
- Mere money benefit does not count as benefit here.
Example: A surgeon, with the patient's consent and in good faith, performs a risky operation that is likely to cause death but is meant to help. The surgeon commits no offence even if the patient dies.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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 Zs death, and intending, in good faith, Zs benefit, performs that operation on Z, with Zs consent. A has committed no offence.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 26 carries forward section 88 of the IPC: acts done in good faith with consent for a person's benefit are protected even if known to be likely to cause death, provided death is not intended. It covers risky surgery.
Key points
- Valid consent of the person benefited is needed.
- Consent to one procedure does not cover another, except in a genuine emergency (section 30).
- Mere pecuniary benefit is not benefit.
Key Supreme Court rulings
Samira Kohli v. Dr. Prabha Manchanda 2008 INSC 56
Consent to diagnostic surgery is not consent to therapeutic surgery; removing reproductive organs without the patient's own consent, when not needed to save life, was unlawful.
Common mistakes
- Treating a general consent form as covering any procedure.
Read with: Section 30 BNS, Section 88 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 26
No Supreme Court judgment in our database cites this section yet.