eCourtsIndia
IndiaCode Laws
Section29
The Bharatiya Nyaya Sanhita, 2023

Exclusion of acts which are offences independently of harm caused

In force From 01 Jul 2024 Act 45 of 2023 As on 14 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 29 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.

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.

Section 29, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 91 Exclusion of acts which are offences independently of harm cause Text carried over almost unchanged 94%

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 The repealed enactment still governs what happened while it was in force.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.

This section refers to

  1. s. 25 Act not intended and not known to be likely to cause death or grievous hurt, done by consent
  2. s. 26 Act not intended to cause death, done by consent in good faith for person's benefit
  3. s. 27 Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian

Questions about Section 29

What does Section 29 of the Bharatiya Nyaya Sanhita deal with?

Section 29 of the Bharatiya Nyaya Sanhita is headed "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.

How do I find court cases under Section 29 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 29, section 29 BNS, section 29 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 29 of the Bharatiya Nyaya Sanhita, and has it changed?

Its own text turns on section 25 (Act not intended and not known to be likely to cause death or grievous hurt, done by consent), section 26 (Act not intended to cause death, done by consent in good faith for person's benefit), section 27 (Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian), so none of them can safely be read on its own. It carries forward IPC 91 (Exclusion of acts which are offences independently of harm cause), so the judgments decided under that provision are the case law on this one.

When did Section 29 of the Bharatiya Nyaya Sanhita come into force?

Section 29 of the Bharatiya Nyaya Sanhita, cited as BNS 29, 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

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 14 Oct 2026. This page is not a substitute for legal advice.