Section 29: Acts Which are Offences Independently of Harm Caused

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Non-Applicable
Non-Applicable
Formerly Sec 91 IPC

Legal Commentary & Landmark Judgments: Section 29

Section 29 clarifies that 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.

  • Independent Statutory Offences: Consent cannot validate an act that the law makes a crime independently of personal harm (e.g. miscarriage, public nuisance, illegal duels).
  • Abortion Example: Causing miscarriage (unless done in good faith to save life under Section 88 BNS) is an offence independently of harm; the pregnant woman's consent is no defense.
  • Inalienability of Public Law Protections: Prevents private citizens from contracting out of criminal prohibitions enacted for public order.
Key Landmark Precedents:
  • Jacob Mathew v. State of Punjab (2005) 6 SCC 1: Noted that statutory medical exemptions must be harmonized with specialized enactments such as the Medical Termination of Pregnancy Act, 1971.
  • R. v. Donovan [1934] 2 KB 498: Affirmed that consent cannot legalize acts made unlawful by statute on public interest grounds.
Courtroom Practice & Strategic Litigation Guidance:

In prosecutions under the MTP Act or for illegal organ harvesting, do not attempt to plead patient consent under Section 25 or 26: Section 29 BNS categorically excludes consent as a defense where the act is an independent statutory crime.