BNS Section 30: Act done in good faith for benefit of a person without consent.

Amit Kapoor09 mins

Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:

Provided that this exception shall not extend to–

(a) the intentional causing of death, or the attempting to cause death;

(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

(d) the abetment of any offence, to the committing of which offence it would not extend.

Illustrations.

(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned.

A, not intending Zs death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence.

(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.

(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.

Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section.

Key Points on BNS-30 (Exception to Criminal Liability for Harm Done for Another’s Benefit Without Consent)

BNS-30 allows for an exception to criminal liability in cases where harm is caused to a person for their benefit, even if they cannot give consent, under certain circumstances. This provision ensures that individuals acting in the best interest of others, particularly in emergencies, are not criminalized.

1. Harm Done in Good Faith for Another’s Benefit

  • Main Provision: An action that causes harm to someone can not be considered an offense if it’s done for their benefit, in good faith, and without consent. This applies when the person involved cannot give consent (such as being unconscious or incapacitated), and there is no legal guardian available to grant consent on their behalf in time.
  • Example: A doctor performing an emergency surgery on an unconscious patient to save their life when no family member or guardian is present to consent.

2. Conditions for Exception

  • The exception is allowed when harm is done under the following conditions:
    • In good faith: The person causing the harm must genuinely believe the action will benefit the other person.
    • Inability to give consent: The person must be unable to consent, and there must be no guardian or lawful representative available to do so.
  • Example: A paramedic administering life-saving treatment to a person who is unconscious and unable to consent.

3. Limitations of the Exception

  • Clause (a): Intentional causing of death or attempting to cause death is not excused, even if the action is meant to benefit the person.
    • Example: Administering a lethal injection without consent is not protected under this provision.
  • Clause (b): An act that is known to likely cause death, unless done to prevent death or cure a serious disease, is not excused.
    • Example: A risky surgery that may cause death but is done to save the person’s life is protected, but if the surgery is unnecessary, it would not be excused.
  • Clause (c): Voluntary causing of hurt is not excused unless the action is to prevent death or serious harm.
    • Example: Using physical force to stop a person from harming themselves could be excused if it’s done in good faith to protect them.
  • Clause (d): Abetment of an offense (encouraging or assisting in a crime) is not excused.
    • Example: Encouraging someone to commit a crime cannot be justified under this exception.

Purpose of BNS-30:

This section strikes a balance between protecting individuals who are unable to consent (such as in medical emergencies) and the need to act in their best interest. It ensures that actions taken in good faith for the benefit of these individuals are not criminalized, provided the harm caused is justified and the act falls within legal boundaries.

Conclusion:

BNS-30 protects people who perform necessary actions in the best interest of others—especially in emergencies—when the person cannot provide consent. It ensures that good faith actions to save lives or prevent harm are not punished, but sets clear limits, such as not allowing intentional harm or assisting crimes under this provision.

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