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Section 29: Exclusion of acts which are offences independently of harm caused.

The Bharatiya Nyaya Sanhita, 2023Central Act · Act 45 of 2023

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.

Where this provision sits

ActThe Bharatiya Nyaya Sanhita, 2023
Section29
Marginal noteExclusion of acts which are offences independently of harm caused.
JurisdictionCentral
StatusIn force as published by the source

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