Section 92 IPC and Section 30 BNS: Good Faith Acts Without Consent

Current law: IPC Section 92 and BNS Section 30

The BNS came into force on 1 July 2024, replacing the IPC as the principal substantive criminal law for new offences. Section 30 BNS substantially carries forward the good-faith exception in Section 92 IPC. The IPC remains relevant when examining acts committed before commencement, subject to applicable repeal, savings and transitional provisions. The date of the alleged conduct matters.

Read the official legislation on India Code (search for the Bharatiya Nyaya Sanhita, 2023, Section 30, and the Indian Penal Code, 1860, Section 92).

Meaning and essential requirements

The provision concerns harm incidentally caused by an act undertaken for the benefit of the affected person, where consent cannot reasonably be secured in time. The principal requirements are:

1. The act must be done in good faith for the person's benefit. Good faith under the criminal law requires due care and attention, not merely an honest assertion of benevolent intention.
2. The person must be unable to signify consent, or be incapable of giving consent.
3. Where consent could otherwise be given by a guardian or person in lawful charge, it must not be possible to obtain that consent in time for the beneficial act.
4. The act must remain within the four statutory provisos; the exception does not excuse every harmful act undertaken without consent.

Under the statutory explanation, mere pecuniary benefit is not a benefit for purposes of the connected consent exceptions (IPC Sections 88, 89 and 92; see the corresponding BNS provisions).

Four statutory provisos: when the exception does not apply

First: intentional death

The exception does not extend to intentionally causing death or attempting to cause death.

Second: acts known to be likely to cause death

An act known to be likely to cause death is not protected unless its purpose is preventing death or grievous hurt, or curing a grievous disease or infirmity.

Third: voluntary hurt

Voluntarily causing hurt, or attempting to cause hurt, is not protected unless done to prevent death or hurt.

Fourth: abetment

The exception does not extend to abetment of an offence that would not itself fall within the exception.

Statutory illustrations explained

(a) Emergency surgery on an unconscious patient

Z falls from a horse and is unconscious. Surgeon A considers an immediate trepanation necessary and performs it in good faith for Z's benefit before Z can make a decision. Provided the statutory conditions are met and A does not intend Z's death, the illustration treats the act as no offence.

(b) Rescue from a tiger

A shoots at a tiger carrying Z away. A knows the shot might kill Z but does not intend to kill Z and acts in good faith to save Z. Even though the shot fatally wounds Z, the illustration treats A as having committed no offence.

(c) Urgent operation on a child

A surgeon sees a child with a potentially fatal injury. There is no time to contact the guardian. The surgeon performs an urgently needed operation in good faith despite the child's pleas. The illustration treats the surgeon's conduct as no offence.

(d) Saving a child from a burning building

During a fire, A drops child Z from a rooftop towards a blanket held by rescuers below. A knows the fall may kill Z but acts to save the child, without intending death. Even if the fall proves fatal, the illustration treats A as having committed no offence.

These illustrations explain the scope of the statutory exception; they do not replace an assessment of the facts, medical standards, due care, and other applicable laws.

Related provisions and practical interpretation

Section 92 must be read alongside IPC Sections 88 and 89 (acts for a person's benefit with consent or with consent of a guardian), Section 91 (acts independently criminal despite consent), and Section 93 (good-faith communication). Their corresponding BNS provisions govern where applicable. In medical emergencies, this general criminal-law exception is not a blanket substitute for professional duties, patient rights, and applicable healthcare legislation.

Whether an act is protected depends on the urgency, capacity to consent, possibility of contacting a guardian, due care, the actor's purpose, and the nature of the harm risked or caused.

Frequently asked questions

Can treatment be given without consent in an emergency?

Section 30 BNS may protect a good-faith act undertaken for the patient's benefit when the legal conditions are met and consent cannot be obtained in time. Other applicable medical and consent laws must also be considered.

Does good faith alone make the act lawful?

No. The conditions concerning consent, benefit and urgency, together with the four provisos, must also be satisfied.

Does Section 92 IPC still apply?

It remains relevant to pre-1 July 2024 conduct and historical legal analysis. For new conduct after the BNS commencement, Section 30 BNS is the corresponding provision.