IPC §88 → BNS §26
Act not intended to cause death, done by consent in good faith for person's benefit
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Comparison
88. Act not intended to cause death, done by consent in good faith for person's benefit.— Nothing, which is not intented to cause death, 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 any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. Illustration A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation on Z, with Z's consent. A has committed no offence.
Nothing, which is not intended to cause death, 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 any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.
What changedAI-inferred
IPC 88 and BNS 26 carry the same consent-for-benefit exception character-identically. Surgeon illustration preserved.
Old position
IPC 88 is concerned with Act not intended to cause death, done by consent in good faith for person's benefit. Act not intended to cause death, done by consent in good faith for person's benefit
New position
BNS 26 preserves the framework with drafting modernisations as required by the new code. Topic: Act not intended to cause death, done by consent in good faith for person's benefit. Nothing, which is not intended to cause death, 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 any person for whose benefit it is done in good
BNS 26 (Act not intended to cause death, done by consent in good faith for person's benefit) preserves the framework of IPC 88. BNS 26 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNS 26 text: ...
Editorial deltaAI-indicated (source-linked)
BNS 26 (Act not intended to cause death, done by consent in good faith for person's benefit) preserves the framework of IPC 88. BNS 26 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNS 26 text: Nothing, which is not intended to cause death, 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 any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 88 continues to apply. For matters from that date forward, BNS 26 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 26 (Act not intended to cause death, done by consent in good faith for person's benefit). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §88 → BNS §26 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/88.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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