Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:
Provided that this exception shall not extend to–
(a) the intentional causing of death, or 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 hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Illustrations.
(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned.
A, not intending Zs death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.
(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence.
(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.
(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.
Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section.
Simplified Explanation
Section 30 of the Bharatiya Nyaya Sanhita (BNS), titled “Act Done in Good Faith for Benefit of a Person Without Consent,” provides immunity from criminal liability for individuals who perform an act without a person’s consent if it is done in good faith for that person’s benefit. This section recognizes that there are situations where someone may need to act on behalf of another individual to prevent harm or to provide urgent assistance, even if obtaining consent is not possible due to circumstances.
Key Points of Section 30
- Act Done for the Person’s Benefit:
- This section applies when a person performs an action with the sincere intention of benefiting another individual. The act must be done purely for the welfare or well-being of the person involved, with no personal gain or ulterior motives.
- Lack of Consent Due to Special Circumstances:
- The protection under Section 30 applies only when it is impractical to obtain the individual’s consent. This may occur in emergencies, situations where the person is unconscious, incapacitated, or otherwise unable to give consent. The act is justified by necessity and the need to act swiftly.
- Good Faith Requirement:
- The person performing the act must act in good faith, meaning they genuinely believe the action is necessary for the other person’s benefit. Good faith here implies honesty, absence of malice, and a reasonable assessment of what would be helpful in the situation.
- Limitations on Actions Taken:
- This immunity covers only those actions that are reasonable and necessary under the circumstances. If the action goes beyond what is necessary or is reckless, the individual may not be protected under Section 30. The action must be proportionate and justified in terms of the benefit it aims to provide.
- Examples of Protected Actions:
- For example, if someone performs emergency first aid on an unconscious person at the scene of an accident without their consent, they may be protected under Section 30. Similarly, if a doctor provides urgent medical treatment to a patient who is unable to consent, this section could apply if the treatment is necessary to save the person’s life or prevent serious harm.
- Exclusion of Malicious or Reckless Acts:
- This section does not cover actions taken with malicious intent or actions that are careless or unnecessary. The protection applies strictly to acts intended for the person’s benefit, where the action is necessary and justified under the circumstances.
- Judicial Assessment of Good Faith and Necessity:
- Courts assess whether the act was genuinely in the best interest of the individual and whether the lack of consent was due to unavoidable circumstances. Judges consider factors like the urgency, intent, and reasonableness of the act to determine whether Section 30’s immunity applies.
Purpose of Section 30
The purpose of Section 30 is to allow individuals to take necessary actions for the benefit of others in situations where obtaining consent is not feasible, without fear of criminal liability. This provision encourages helpful, compassionate actions in emergencies and protects those who act responsibly and in good faith to assist others. By focusing on the necessity, intent, and good faith behind the act, Section 30 supports a fair and humane legal framework, enabling people to respond promptly in critical situations for the welfare of others.
