BNS Section 27
When is an act done for a child's benefit still punishable?
Short answer
If the act intentionally causes death, is likely to cause death or grievous hurt for non‑life‑saving reasons, or abets another offence, it is not protected.
In detail
Section 27 of the Bharatiya Nyaya Sanhita, 2023 says that any act performed in good faith for the benefit of a child under twelve years old or a person of unsound mind, with the express or implied consent of their guardian, is not an offence even if it causes harm. However, this protection does not apply if the act intentionally causes death or attempts to cause death. It also does not cover actions that the person knows are likely to cause death or serious injury unless the purpose is to prevent death, prevent serious injury, or cure a serious disease or infirmity. Voluntary causing of grievous hurt, or attempts to do so, are similarly excluded unless done for those life‑saving or curative purposes. Finally, the exemption does not extend to abetting any offence that would otherwise be punishable. In short, the law shields well‑intentioned, guardian‑approved actions for a child's benefit, except in cases of intentional killing, reckless life‑threatening conduct, or abetment.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- Can a guardian be punished for a medical procedure that harms a child?
- What does 'good faith' mean under this provision?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.