Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions
Section 27: Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
In plain words
An act done in good faith for the benefit of a child under twelve years of age, or a person of unsound mind, by or with the consent of their guardian, is not an offence because of the harm it may cause.
- It never covers intentionally causing death or attempting to cause death.
- It does not cover knowingly risking death or causing grievous hurt, unless the purpose is to prevent death or grievous hurt, or to cure a serious disease or infirmity.
- It does not cover abetting an offence that the exception would not itself cover.
Example: A parent, in good faith, has a surgeon operate on their child to cure a disease, knowing the operation is likely to cause death but not intending it. The parent is protected.
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 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.
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.
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 27 carries forward section 89 of the IPC: acts done in good faith for the benefit of a child under twelve or a person of unsound mind, by or with the consent of the guardian. The provisos are now set out as clauses (a) to (d).
Key points
- It never covers intentionally causing or attempting death.
- Acts likely to cause death, or grievous hurt, are covered only to prevent death or grievous hurt or to cure grave disease.
- It does not extend to abetment of offences the guardian could not commit.
Common mistakes
- Assuming a guardian's consent has no limits.
Read with: Section 26 BNS, Section 89 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 27
No Supreme Court judgment in our database cites this section yet.