INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
88. Act not intended to cause death, done by consent in good faith for
26. Act not intended to cause death, done by consent in good faith for person’s benefit.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
Act not intended to cause death, done by consent in good faith for
person's benefit.
88. Act not intended to cause death, done by consent in good
faith for person's benefit.--Nothing, which is not intented 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 Z's death, and intending, in good faith, Z's
benefit, performs that operation on Z, with Z's consent. A has
committed no offence.
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
26. Act not intended to cause death, done by consent in good faith for person’s benefit.—
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 Z’s death, and intending, in good faith, Z’s benefit,
performs that operation on Z, with Z’s consent. A has committed no offence.
Current law India Code — BNS 2023