Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions
Section 29: Exclusion of acts which are offences independently of harm caused
In plain words
The consent exceptions in sections 25, 26 and 27 do not apply to acts that are offences in themselves, whatever harm they cause to the person consenting.
Example: Causing a miscarriage, except in good faith to save the woman's life, is an offence in itself. The woman's or guardian's consent does not make it lawful.
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
The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence "by reason of such harm"; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.
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 29 carries forward section 91 of the IPC: consent under sections 25 to 27 does not excuse acts that are offences independently of the harm caused to the consenting person.
Key points
- Offences protecting the public or third parties are not excused by the victim's consent.
- The illustration is causing a miscarriage, an offence because of harm to the unborn child.
Common mistakes
- Using the victim's consent to excuse a public or third-party offence.
Read with: Section 25 BNS, Section 91 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 29
No Supreme Court judgment in our database cites this section yet.