Section 91: Exclusion of acts which are offences independently of harm cause

Now in the BNS

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 91. 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?

   A.Yes, but only if A was a registered medical practitioner who acted for Z's benefit and in good faithB.Yes, because Z was above eighteen years of age and gave free consent to suffer any harm which the act might causeC.No, because consent of a woman to an act affecting her own body is never recognised anywhere in the SanhitaD.No, because causing miscarriage is an offence independently of any harm to the woman, so her consent does not justify it
   Show answer