Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person:
Provided that this exception shall not extend to—
(a) the intentional causing of death, or to the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Illustration.
A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, in as much as his object was the cure of the child.
Simplified Explanation
Section 27 of the Bharatiya Nyaya Sanhita (BNS), titled “Act Done in Good Faith for Benefit of Child or Person of Unsound Mind, by, or by Consent of Guardian,” provides immunity from criminal liability for actions taken in good faith for the benefit of a minor (child) or a person of unsound mind, either by their guardian or with the guardian’s consent. This section ensures that individuals who act with genuine intentions to help or protect a vulnerable person are not penalized, as long as their actions are within reasonable limits and intended for the person’s welfare.
Key Points of Section 27
- Beneficiary as a Child or Person of Unsound Mind:
- This section specifically applies to acts done for the benefit of a minor (a person under the age of legal majority) or an individual of unsound mind. These individuals are considered to lack full capacity to make decisions for themselves and thus often rely on guardians for protection and care.
- Consent of the Guardian:
- If the act is performed by someone other than the guardian, it must be done with the guardian’s consent. This means that the guardian is informed and approves of the action, acknowledging that it is for the benefit of the child or person of unsound mind.
- Good Faith Requirement:
- The person performing the act must act in good faith, with honest intentions and a sincere desire to protect or benefit the individual. This ensures that the act is motivated solely by concern for the individual’s well-being, without any intent to harm or exploit.
- Scope of Protected Actions:
- This immunity covers a range of acts done to benefit the child or person of unsound mind, such as providing medical treatment, ensuring safety, or taking other necessary steps to promote their health and welfare. The act should be reasonably justified as beneficial under the circumstances.
- Reasonable Limits on Actions:
- The act must be reasonable and justifiable. If the action is excessively risky, negligent, or harmful, it would not be protected under this section. The law provides immunity only for those actions that a prudent guardian would consider necessary and beneficial.
- Examples of Protected Actions:
- If a guardian consents to a necessary medical procedure for a child or person of unsound mind, the medical professional performing it in good faith may be protected under Section 27. Similarly, if someone, with the guardian’s consent, takes necessary actions to ensure the safety of a person with a mental disability, they would likely be protected by this section.
- Judicial Evaluation of Good Faith and Reasonableness:
- Courts assess the intent, necessity, and reasonableness of the action, considering factors such as the urgency of the situation, the potential benefit, and whether the guardian provided informed consent. This ensures that only genuinely beneficial acts done in good faith are granted immunity.
Purpose of Section 27
The purpose of Section 27 is to protect individuals who act responsibly and in good faith for the welfare of those who cannot fully protect themselves, such as minors or persons of unsound mind. This provision balances compassion and accountability, ensuring that people are encouraged to care for vulnerable individuals without fear of legal repercussions, as long as their actions are genuinely intended to benefit the person involved. By emphasizing the importance of consent and good faith, Section 27 upholds the rights and well-being of those under guardianship, while providing legal protection for those who act responsibly and supportively in their care.
