Section 27 of the Bharatiya Nyay Sanhita, 2023, deals with acts done in good faith for the benefit of persons below the age of twelve years or those suffering from mental illness. It states that such acts done with the consent of a parent or legal guardian are not considered an offence, even if they result in damage. However, this provision excludes certain acts, including those that intentionally cause death or grievous hurt.
Keys of Section 27:
- Good Faith Actions: The section permits actions taken in good faith for the benefit of minors or individuals with mental illnesses, provided these actions are intended to benefit the person and are performed with the consent of a guardian or lawful custodian.
- Consent Requirement: The guardian’s consent, whether express or implied, is essential for the action to be considered lawful under this provision.
- Exceptions: The section does not protect actions that involve:
- Intentional causing of death or attempting to cause death.
- Actions known to be likely to cause death, unless intended to prevent death or grievous hurt, or to cure a serious disease or infirmity.
- Voluntary causing of grievous hurt, unless intended to prevent death or grievous hurt, or to cure a serious disease or infirmity.
- Abetment of any offense that would not be justified under this section.
Example:
A parent consents to a surgical procedure for their child, understanding that while the operation may carry risks, it is intended to cure a medical condition. If the child dies during the procedure, the parent is not held liable under this section, as the action was taken in good faith for the child’s benefit.
Comparison with the Indian Penal Code (IPC):
Section 27 of the Bharatiya Nyaya Sanhita, 2023, aligns with Section 89 of the Indian Penal Code, 1860, which similarly exempts actions done in good faith for the benefit of a minor or person of unsound mind from being considered offenses, subject to certain exceptions.
Purpose and Implications:
This provision aims to protect individuals who act in the best interests of vulnerable persons, such as children and those with mental illnesses, from legal repercussions when their actions, though potentially harmful, are intended to benefit the individual and are performed with proper consent.
However, the exceptions ensure that actions leading to death or serious injury are not justified under this provision, maintaining a balance between protecting vulnerable individuals and preventing harm.
Section 27 of the Bharatiya Nyaya Sanhita, 2023, provides a legal framework that allows for actions taken in good faith for the benefit of minors and individuals with mental illnesses, safeguarding those who act with genuine intent and proper consent. The specified exceptions ensure that the provision is not misused to justify harmful actions.
