IPC 88 vs BNS 88
● Retained in BNSAct not intended to cause death, done by consent for person’s benefit
Section 88 of the Indian Penal Code, 1860, provides protection for acts done with consent of the person affected, even if the act may unintentionally cause harm or risk of death, provided it is done for the benefit of that person. This section ensures that individuals are not criminally liable for acts performed in good faith with proper consent.
Key aspects of IPC 88 include:
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The act must be done with the consent of the person affected,
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It must be performed in good faith and for the benefit of that person,
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The act must not be intended to cause death or serious injury.
Examples include medical procedures, surgical interventions, or administering medicine with the patient’s informed consent. Even if the act carries risks or leads to unintended consequences, IPC 88 protects the performer, emphasizing the importance of intent, consent, and benefit.
IPC 88 ensures fairness in situations where harm may be an unintended side effect of beneficial acts. It allows individuals to act to help others without fear of legal repercussions, provided all conditions of good faith and consent are met.
Act not intended to cause death, done by consent for person’s benefit
Section 88 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 88, continuing the protection for acts done with the consent of the person affected and for their benefit.
Under BNS 88:
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The person performing the act is protected if the act is done with consent,
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The act is done in good faith and intended to benefit the person,
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There is no intention to cause death or serious harm.
This provision covers situations such as medical treatment, care during emergencies, or other acts done to protect or help another individual. BNS 88 ensures that individuals acting with consent and good faith are not penalized for unintentional outcomes.
By retaining IPC 88’s principles, BNS 88 emphasizes ethical action, intent, and consent, promoting justice while safeguarding individuals performing beneficial acts. This continuity ensures legal protection for those acting responsibly and with proper consent.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 88 to BNS BNS 88.