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CHAPTER III GENERAL EXCEPTIONS

Section 29: Exclusion of acts which are offences independently of harm caused

The Bharatiya Nyaya Sanhita, 2023

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 IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 2 of our papers cite Section 29. Try these from the free papers:

  1. 1. Z, who is pregnant, asks A to cause her miscarriage. A does so with Z's free consent. The miscarriage is not caused in good faith for the purpose of saving Z's life. Charged under Section 88 of the Bharatiya Nyaya Sanhita, 2023, A pleads Z's consent under Sections 25 and 26. Is the plea available?

Practise questions on Bharatiya Nyaya Sanhita