IPC 88 vs BNS 26: Act not intended to cause death, done by consent in good faith for person's benefit

Section 88 of the Indian Penal Code is now section 26 of the Bharatiya Nyaya Sanhita, in force from 1 July 2024. 99% of the old wording is kept; 1 word removed and 1 word added.

Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.

IPC section 88Act 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.

BNS section 26Act 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.

Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.