Section 30 of the Bharatiya Nyaya Sanhita, 2023, addresses situations where harm is caused to an individual for their benefit, even without their consent. This provision ensures that actions taken in good faith, aimed at benefiting a person who is incapable of consenting, are not deemed criminal offenses under specific conditions.
Key Provisions of Section 30:
- General Rule: An act done in good faith for the benefit of a person, even without their consent, is not considered an offense if:
- The person is incapable of giving consent.
- It is impossible to obtain consent in time for the action to be beneficial.
- The person has no guardian or lawful representative from whom consent can be obtained promptly.
- Exceptions: This exception does not apply to:
- Intentional causing of death or attempting to cause death.
- Actions known to be likely to cause death, unless done to prevent death or grievous hurt, or to cure a serious disease or infirmity.
- Voluntary causing of hurt, unless done to prevent death or hurt.
- Abetment of any offense that would not be excused under this provision.
Examples:
- Medical Emergency: A surgeon performs a trepanation on an unconscious person to relieve pressure on the brain, intending to benefit the individual. Since the person cannot consent and no guardian is available, the surgeon’s action is not an offense.
- Rescue Operation: A person fires at a tiger attacking another individual, knowing the shot may harm the person but intending to save them. If the shot inadvertently causes harm, the action is not considered an offense.
- Child’s Medical Treatment: A surgeon performs an emergency operation on a child without parental consent because the situation is critical and there is no time to obtain consent. The surgeon’s action is justified under this provision.
- Rescue from Fire: A person drops a child from a burning building into a blanket held below, knowing the fall may cause injury but intending to save the child from the fire. Even if the child is injured, the action is not an offense.
Explanation:
The provision clarifies that mere pecuniary benefit does not constitute ‘benefit’ within the meaning of this section. The intent behind the action must be genuinely for the person’s benefit, not for financial gain.
Purpose and Implications:
Section 30 balances the need to protect individuals who cannot consent with the necessity to act in their best interests, especially in emergencies. It ensures that actions taken in good faith for the benefit of such individuals, when consent cannot be obtained, are not criminalized, provided the harm caused is justified and within legal boundaries.
This provision is particularly relevant in medical emergencies, rescue operations, and situations involving minors or individuals incapable of giving consent. It provides legal protection to those who act to prevent harm or provide necessary care, even when obtaining consent is not feasible.
In summary, Section 30 of the Bharatiya Nyaya Sanhita, 2023, establishes a legal framework that allows for actions taken in good faith for the benefit of individuals unable to consent, ensuring that such actions are not penalized under specific conditions. This provision upholds the principles of justice and compassion, recognizing the importance of acting in the best interests of those who cannot protect themselves.
