Code: Section 30 BNS
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 Z’s 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.
Explanation of Section 30 BNS
Section 30 of the Bharatiya Nyaya Sanhita (BNS), 2023 protects acts done in good faith for an individual’s benefit when:
🔹 The person cannot give consent due to unconsciousness, injury, or incapacity.
🔹 There is no legal guardian available to provide consent.
🔹 The act is necessary for survival or well-being.
Key Takeaways:
✅ Acts must be done with honest intentions to help the person.
✅ The law protects such acts from criminal liability.
✅ Exceptions apply to cases of intentional harm or death.
🔗 Related: Section 29 BNS – Exclusion of Certain Acts
Illustrations of Section 30 BNS
Example 1: Emergency Surgery Without Consent
A man falls unconscious after an accident. A surgeon performs life-saving surgery immediately, even though the patient cannot consent. Since the doctor acted in good faith, no offence is committed.
Example 2: Rescuing a Child from a Fire
A house catches fire, and a child is trapped inside. A person throws the child from the second floor onto a safety net, knowing the risk of injury but intending to save the child’s life. If the child is harmed, the rescuer is not criminally liable.
Example 3: Shooting at a Wild Animal
A tiger attacks a man in a forest. A hunter shoots the tiger, knowing there is a chance the bullet may hit the man. Even if the man dies accidentally, the hunter is not guilty because the act was in good faith to save the victim.
🔗 Read: Section 31 BNS – Acts Done in Good Faith for Public Benefit
Common Questions & Answers on Section 30 BNS
- Can this section protect doctors performing life-saving treatment without consent?
✅ Yes, if the treatment is urgent and in good faith, doctors cannot be held criminally liable. - What if the person dies during an emergency procedure?
✅ If the intent was to save life and there was no negligence, there is no offence under Section 30. - Does this apply to causing harm for financial benefit?
🚫 No, pecuniary (financial) benefit is not covered under this section. - What if a person harms someone thinking it’s for their benefit, but the person disagrees?
🚫 The court will decide based on intention and necessity. If the act was not essential, it may not be protected.
🔗 Also Read: Section 32 BNS – Consent and Criminal Responsibility
Conclusion
Section 30 of the BNS, 2023 ensures that individuals who act in good faith for the benefit of another person—especially in emergencies—do not face criminal liability. However, it does not apply to intentional harm, causing death, or financial benefits.
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