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IPC 94 vs BNS 94 – Acts Done in Good Faith for Those Unable to Consent

Comparison
Same

Indian Penal Code (IPC)

VS.

Bhartiya Nyaya Sanhita (BNS)

Section: IPC 94

Act done in good faith for the benefit of the person incapable of giving consent

About IPC Section

Section 94 of the Indian Penal Code, 1860, provides legal protection for acts performed in good faith for the benefit of a person who is unable to give consent, such as a minor or a person of unsound mind. Even if such an act may cause harm, it is not punishable under law, provided it is done in good faith and for the welfare of the person concerned.

Under IPC 94:

  • The act must be done in good faith,

  • It must be intended for the benefit of the person unable to consent,

  • The person performing the act should not intend to cause harm,

  • The protection applies to acts like medical treatment, care, or interventions for the welfare of the individual.

For example, administering medicine or providing necessary care to a child or mentally incapacitated person is protected under this section. Even if the act carries some risk, the law ensures that the intention and good faith of the actor are taken into consideration.

IPC 94 emphasizes the principle of necessity and benefit, ensuring that individuals who act responsibly for the welfare of others are not penalized for unintentional consequences. It safeguards vulnerable individuals while promoting ethical and responsible conduct.

Section: BNS 94

Act done in good faith for the benefit of the person incapable of giving consent

About BNS Section

Section 94 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 94, continuing to protect acts performed in good faith for the benefit of those unable to provide consent.

Under BNS 94:

  • The act must be done in good faith,

  • It must benefit a person who is incapable of giving valid consent, such as minors or persons of unsound mind,

  • There must be no intention to cause harm,

  • Protection applies to actions like medical treatment, care, and other interventions necessary for welfare.

For instance, emergency medical aid to a child or mentally incapacitated person, even if it carries some risk, is legally protected under BNS 94. The provision ensures that acts done responsibly and in the interest of the vulnerable are not subject to criminal liability.

By retaining IPC 94’s principles, BNS 94 emphasizes good faith, welfare, and protection of vulnerable individuals, ensuring fairness and encouraging responsible ethical conduct in situations where consent cannot be provided.