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.
Illustrations
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.
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.
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.