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.
Illustrations
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. Ahas committed no offence.
Legal Commentary & Landmark Judgments: Section 26
Section 26 protects acts done in good faith for a person's benefit with their consent, providing that nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, and who has given consent.
In defending medical professionals facing Section 106 BNS criminal negligence prosecutions, place the signed Informed Consent Form, surgical notes, and medical board clearance on record: Section 26 BNS provides comprehensive statutory immunity.