IPC 87 vs BNS 87
● Retained in BNSAct not intended to cause death, done by consent in good faith for person’s benefit
Section 87 of the Indian Penal Code, 1860, provides protection for acts done in good faith for the benefit of another person, even if the act may unintentionally cause harm or risk of death. The law recognizes that such acts, when performed with consent and for the well-being of the individual, should not attract criminal liability.
Under IPC 87:
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The act must be done in good faith for the benefit of the person,
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The person affected must have given consent,
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The act must not be intended to cause death or injury.
For example, administering medical treatment, even if it carries risks, is protected under this section, provided it is done with the patient’s consent and in good faith. Similarly, surgical procedures or emergency aid fall under this provision.
IPC 87 balances humanitarian action with legal protection, ensuring that individuals acting to benefit others are not penalized for unintended harm. It reflects the principle of reasonable risk in the course of beneficent acts, emphasizing intent and consent rather than mere outcome.
Thus, IPC 87 safeguards individuals acting in good faith for another’s benefit, promoting ethical conduct without fear of legal consequences.
Act not intended to cause death, done by consent in good faith for person’s benefit
Section 87 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 87, continuing to protect acts done in good faith for the benefit of another person.
Under BNS 87:
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Acts must be performed with consent of the person affected,
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They must be done in good faith and for the person’s benefit,
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The act should not have been intended to cause death.
For instance, doctors performing medical procedures, caregivers providing emergency aid, or other acts done to benefit another individual are shielded under BNS 87. The protection applies even if the act unintentionally results in injury, as long as there was no intention to harm.
By retaining IPC 87’s principles, BNS 87 emphasizes intent, consent, and benefit, ensuring that legal liability is not imposed on well-intentioned acts. This promotes ethical action while maintaining accountability for intentional harm.
Thus, BNS 87 continues IPC 87’s role as a safeguard for those performing beneficial acts in good faith.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 87 to BNS BNS 87.