Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
Section 27 of the Bharatiya Nyaya Sanhita, 2023 deals with act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian. Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be inten The Act came into force on 01 Jul 2024.
Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, 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 that person:
Provided that this exception shall not extend to---
(a) the intentional causing of death, or to 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 grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Illustration.
A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, in as much as his object was the cure of the child.
Section 27, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 89 Act done in good faith for benefit of child or insane person, by or by consent of guardian Text carried over almost unchanged 91%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anowara Begum and Anr. vs The State of Assam
Decided under Indian Penal Code 89, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a dispute fundamentally concerns civil matters such as land mutation and property rights, despite criminal charges being filed under sections relating to cheating and intimidation, the accused persons are entitled to the benefit of anticipatory bail under Section 438 Cr.P.C., particularly when they have cooperated with the investigating authorities and appeared for statement recording.
On this section: Act of a person of unsound mind - charge against the accused
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 27
What have the courts held on Section 27 of the Bharatiya Nyaya Sanhita?
Anowara Begum and Anr. vs The State of Assam (05 May 2016) is the leading judgment on this section among those set out below, though it was decided under IPC 89, which this section replaced -- the court never mentioned this Act: Act of a person of unsound mind - charge against the accused.
How do I find court cases under Section 27 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 27, section 27 BNS, section 27 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Anowara Begum and Anr. vs The State of Assam (05 May 2016).
What should I read with Section 27 of the Bharatiya Nyaya Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward IPC 89 (Act done in good faith for benefit of child or insane person, by or by consent of guardian), so the judgments decided under that provision are the case law on this one.
When did Section 27 of the Bharatiya Nyaya Sanhita come into force?
Section 27 of the Bharatiya Nyaya Sanhita, cited as BNS 27, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.