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Section 26 of the Bharatiya Nyaya Sanhita (BNS) defines the conditions under which an act, not intended to cause death, is not considered a criminal offense. This provides a "general exception" for actions performed in good faith for a person's benefit, particularly in medical emergencies and rescue situations.
The BNS, which came into effect on July 1, 2024, replaced the Indian Penal Code (IPC) of 1860. Section 26 of the BNS is analogous to the former Section 88 of the IPC.
Provisions of Section 26
For an act to be protected under Section 26, it must meet the following criteria:
Good faith and consent: The act must be done for another person's benefit and with their informed, express, or implied consent.
No intent to cause death: The individual performing the act must not intend to cause death, even if they are aware that the act could potentially cause it.
Willingness to take the risk: The person giving consent must be willing to suffer the harm or take the risk associated with the act.
Key applications and illustrations
Medical procedures
This section is most frequently cited in a medical context. A surgeon who performs a high-risk operation to save a patient's life, with the patient's consent, is protected under this section, even if the procedure leads to an unfortunate death. The act is not a criminal offense because the surgeon acted in good faith for the patient's benefit and did not intend to cause death.
Emergency rescue
The protection of Section 26 also extends to first responders and ordinary citizens who perform rescue actions. For example, a bystander administering CPR to a heart attack victim, or a firefighter breaking down a door to save someone trapped in a burning house, is covered. As long as their actions are done in good faith with the intent to help, they are shielded from criminal prosecution.
Related sections
Section 27: Extends similar protections for acts done in good faith for the benefit of a child or a person with a mental illness, with the consent of their guardian.
Section 106: Introduced a new, separate legal framework for hit-and-run cases. It stipulates a more severe punishment (up to 10 years in prison) for drivers who flee the scene of an accident without reporting it to authorities. This section does not fall under the general exceptions like Section 26, as it deals with a specific criminal act involving negligence and evasion of responsibility.

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