Section 89 IPC and Section 27 BNS: Good Faith Acts for Children and Persons of Unsound Mind
Updated 28 October 2026 | Legal guide
Section 89 of the Indian Penal Code, 1860 provided a limited criminal-law exception for acts performed in good faith for the benefit of a child below twelve years or a person of unsound mind, by a guardian or with the consent of a person having lawful charge. The corresponding current provision is Section 27 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024.
Meaning and scope of Section 89 IPC
The former provision protected certain beneficial acts done in good faith for a person under twelve years of age or of unsound mind, where the act was performed by a guardian or with the express or implied consent of a guardian or another person lawfully responsible for that person. Protection was limited to liability arising from harm caused, intended or known to be likely to result from the beneficial act, subject to four express restrictions.
Current law: Section 27 BNS
Section 27 BNS is titled Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian. It substantially carries forward the protection under former Section 89 IPC. Its essential requirements are:
- The beneficiary is below twelve years of age, or a person of unsound mind.
- The act is genuinely for that person's benefit and is performed in good faith.
- The act is done by, or with express or implied consent of, a guardian or person having lawful charge.
- The act does not fall within any of the four statutory exclusions.
Four statutory limitations
- Intentional death: The exception does not extend to intentionally causing death or attempting to cause death.
- Acts known likely to cause death: Such acts are excluded unless undertaken to prevent death or grievous hurt, or to cure a grievous disease or infirmity.
- Voluntary grievous hurt: Voluntarily causing or attempting grievous hurt is excluded unless undertaken to prevent death or grievous hurt, or to cure a grievous disease or infirmity.
- Abetment: The exception cannot justify abetment of an offence to which the exception itself would not apply.
Original statutory illustration explained
The IPC illustration describes a parent who, acting in good faith for the child's benefit, arranges an operation to remove a stone. The parent knows the operation may cause death but does not intend death; the purpose is to cure the child. The illustration treats the parent as within the exception. Section 27 BNS retains the same essential illustration.
This does not mean every risky medical intervention is automatically lawful. The actual facts, good faith, applicable medical standards, other laws and the specific statutory restrictions matter.
Important legal terms
Good faith
Under the criminal-law definition, an act is not treated as done in good faith if it is done or believed without due care and attention. An asserted beneficial motive alone is insufficient.
Guardian or person having lawful charge
A guardian is a person legally responsible for the beneficiary. The section also recognises another person who has lawful charge. Mere informal permission from an unrelated person may not satisfy this requirement.
Express and implied consent
Express consent is clearly communicated. Implied consent is inferred from conduct or circumstances. The existence, validity and scope of either form depend on the facts and applicable law.
Unsoundness of mind
This is a statutory expression. Its application is fact-sensitive and does not mean that every mental-health diagnosis automatically removes a person's ability to make decisions.
Related statutory provisions
Section 26 BNS (former Section 88 IPC) addresses acts not intended to cause death, done with the beneficiary's consent in good faith for that person's benefit. Section 28 BNS (former Section 90 IPC) identifies circumstances where consent is not legally valid, including specified cases of fear, misconception and incapacity. Section 29 BNS (former Section 91 IPC) clarifies that the consent-based exceptions do not protect acts which are offences independently of the harm caused. Section 30 BNS (former Section 92 IPC) concerns qualifying beneficial acts performed without consent where timely consent cannot be obtained.
Which law applies after 1 July 2024?
The BNS came into force on 1 July 2024 and replaced the IPC prospectively, subject to applicable repeal and savings provisions. For alleged acts occurring before that date, the IPC and the applicable transitional rules remain relevant. For later acts, Section 27 BNS is the starting point.
Frequently asked questions
Does Section 27 BNS apply to every person below 18?
No. The age criterion in this exception is under twelve years. Other legal provisions may impose separate duties toward older minors.
Can a guardian consent to intentionally causing death?
No. The first statutory proviso expressly excludes intentional causing of death or an attempt to cause death.
Is parental consent enough to justify any medical procedure?
No. Good faith, due care, the beneficiary's interest, the statutory exceptions and any other applicable medical or child-protection law must be considered.
Is Section 89 IPC still relevant?
Yes, for understanding the earlier law and cases involving conduct governed by the IPC, subject to transitional rules. Section 27 BNS is the corresponding current provision.
Official legal sources
Read the official Bharatiya Nyaya Sanhita, 2023 text (India Code) and the Bureau of Police Research and Development statutory text. Consult the current consolidated text and any applicable amendments for a particular case.
This article is general legal information, not advice for a specific medical or criminal case.