IPC 89 vs BNS 89
● Retained in BNSAct not intended to cause death, done by consent to prevent death or grievous hurt
Section 89 of the Indian Penal Code, 1860, protects individuals who perform an act with the consent of the person affected to prevent death or grievous hurt, even if the act may unintentionally cause harm. The key element is that the act is done in good faith to protect the individual from serious harm or fatal danger.
Under IPC 89:
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The act must be done with consent of the person affected,
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It must be in good faith,
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The purpose of the act must be to prevent death or grievous hurt,
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The act must not be intended to cause death or serious injury.
For example, administering emergency medical aid or performing surgery to save a life, even if there is a risk of injury, is protected under IPC 89. Similarly, breaking a barrier to rescue someone from a dangerous situation falls under this section.
IPC 89 emphasizes the principle of necessity and benefit, allowing individuals to act to prevent serious harm without fear of criminal liability. It balances legal protection with ethical responsibility.
Act not intended to cause death, done by consent to prevent death or grievous hurt
Section 89 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 89, providing legal protection for acts done with consent to prevent death or grievous hurt.
Under BNS 89:
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Acts must be performed with consent of the person affected,
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The act must be done in good faith,
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The purpose must be to prevent serious harm or death,
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There must be no intention to cause death or grievous injury.
This provision ensures that individuals acting to save life or prevent serious injury are shielded from criminal liability. Examples include emergency medical interventions, life-saving rescue operations, or other protective actions. BNS 89 highlights intent, consent, and necessity, continuing IPC 89’s principles.
By retaining IPC 89’s framework, BNS 89 ensures that legal safeguards for acts preventing serious harm remain intact, promoting fairness and protecting good-faith actions in emergencies.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 89 to BNS BNS 89.