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IPC Section 91 in BNS: Section 29

Exclusion of acts which are offences independently of harm caused

Section 91 of the Indian Penal Code, 1860 (Exclusion of acts which are offences independently of harm caused) corresponds to Section 29 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

Text of BNS Section 29

29. The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Illustration.

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

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