Section 26Act not intended to cause death, done by consent in good faith for person's benefit
Chapter III — General Exceptions
Copied from the Official Gazette. Not yet reviewed by a qualified legal professional.
Text of the law
Official text (Gazette) Not yet legally reviewedNothing, 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.
Illustration. 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. A has committed no offence.
Amendments, judgments and appeal information have not been added for this section yet.
Source and checking
- Where this text comes from
- Gazette of India, Extraordinary, No. 53, 25 December 2023 (Act No. 45 of 2023)
- Type of text
- Official text (Gazette)
- Pages in the Gazette
- p. 12
- Text version
- As originally enacted in 2023. This text may not reflect subsequent amendments or commencement notifications. Last status check: 6 November 2026.
- When the Act came into force
- 1 July 2024, under Government notification S.O. 850(E), dated 23 February 2024. Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)The notification excluded section 106(2); see the note on that section.Whether an excluded provision was brought into force later has not been independently confirmed. Checked against the Gazette on 6 November 2026. Not yet reviewed by a qualified legal professional.
- Checked by computer against the Gazette?
- Yes, words and structure match
- Reviewed by a qualified legal professional?
- Not yet
- Copied on
- 6 Nov 2026
Nyayabharat provides legal information, not legal advice. For your specific situation, consult a qualified advocate.

