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

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.

Key Points on BNS-29 (Exclusion of Certain Acts)

BNS-29 clarifies that the exceptions provided in Sections 21, 22, and 23 do not apply to all actions. This section focuses on acts that are criminal regardless of harm or consent.

1. Exclusion of Certain Acts

• BNS-29 specifies that the exceptions mentioned in Sections 21, 22, and 23 don’t apply to all acts. Specifically, it excludes acts that are considered criminal offenses no matter the harm caused or the intent behind the act.

2. Offenses Independent of Harm

• Some acts are considered crimes by nature, regardless of whether they cause any harm to the person involved. Even if the individual consents or if no harm results, these acts are still illegal.
• Example: Certain acts, like assault, are inherently criminal, no matter if the person agrees to it or if no actual injury occurs.

3. Consent is Irrelevant

• In these cases, the consent of the person involved does not make the act legal. Even if someone agrees to do something that is inherently illegal, the act remains a criminal offense.
• Example: Assisting in suicide or human trafficking cannot be justified by consent, even if the person involved agrees.

4. Sections 21, 22, and 23 Exceptions

• While Sections 21, 22, and 23 provide some exceptions (such as in cases involving children, intoxication, or incapacity), these exceptions do not apply to acts that are inherently criminal.
• For example, if a person consents to an act that is clearly illegal, such as bribery or fraud, it doesn’t matter whether the person was intoxicated or incapable of fully understanding—they still cannot justify those acts.

In Essence:

BNS-29 ensures that certain criminal acts remain punishable, even if no harm occurs or if the person involved consents. These acts are illegal by their very nature and cannot be excused by any exceptions found in Sections 21, 22, and 23.