Section 29 of the Bharatiya Nyaya Sanhita (BNS) explains that specific actions are considered wrong or punishable, even if they don't harm anyone or were done with good intentions. In other words, some acts are treated as offences just because of their nature, not because of the result they produce. For example, causing a miscarriage is treated as an offence even if there is consent or good intent, unless it is done in good faith to save the woman’s life. Thus, under Section 29 BNS, harm or the intention to cause harm is not necessary for an act to be punishable. Explore other important Judiciary Notes.

Section 29 BNS: Exclusion of Acts which are offences Independently of Harm Caused

The exceptions in sections 21, 22 and 23 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 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.

Note: “The information provided on Section 29 BNS above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.” 

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 Section 29 BNS: Simplified Interpretation

Section 29 of Bharatiya Nyaya Sanhita (BNS) states that certain acts are considered offenses by their very nature, regardless of whether they cause harm, are intended to cause harm, or are likely to cause harm. This means that the general exceptions provided under Sections 21, 22, and 23 of BNS, such as consent or actions done for another's benefit, do not apply to such inherently criminal acts. 

For example, causing a miscarriage is treated as an offense in itself, even if the woman or her guardian consents to it or no actual harm occurs. The only exception under Section 29 BNS is when it is done in good faith to save the woman's life. In all other cases, consent does not make the act lawful because the offense exists independently of any harm. 

Section 29 BNS 2023, which corresponds to Section 91 of the Indian Penal Code (IPC) has some important elements, mentioned hereinafter are some of the essential elements:

Independent Offence:

Section 29 BNS establishes that certain actions are considered offenses by their very nature, regardless of whether they result in actual harm, are intended to cause harm, or are likely to cause harm. This means that the criminal liability arises from the act itself, not from the consequences or the outcome of the act.

Exceptions Do Not Apply:

Section 29 of BNS, clearly states that the general legal exceptions found in Sections 21, 22, and 23 of the BNS, which cover situations where acts are done with the consent of the person affected or for their benefit, do not apply to these independently criminal acts. Therefore, even if the act is carried out with consent or good intentions, it remains punishable.

Consent is Irrelevant:

Section 29 BNS states that consent of the person on whom the act is performed, or their legal guardian, does not provide an excuse for the offence. This underlines the principle that certain offences are so heinous that it cannot be excused by consent

 Section 29 BNS and Section 91 IPC Comparison

Section 29 of the Bharatiya Nyaya Sanhita 2023 essentially retains the core of its corresponding Section 91 in the Indian Penal Code, with no changes being done in part of the provision:

 Section 29 BNS: Judicial Interpretation

Section 29 BNS is not a penal or charging provision. Rather, it serves as a clarificatory and exclusionary clause that aids in interpreting substantive offences. It emphasizes that certain acts are inherently criminal, regardless of any harm caused or the victim's consent. As a result, courts rarely address Section 29 of the BNS in isolation. Therefore, there are no Landmark Judgments dealing with the section; it is mostly read with other grave offenses such as causing miscarriage of a woman, culpable homicide, rape, etc.

Conclusion

Section 29 BNS 2023, which corresponds to Section 91 of the Indian Penal Code (IPC), is essential in substantive criminal law. It highlights that some acts are crimes simply because of what they are, not because of any harm caused, the intention behind them, or whether the person affected agreed to them. This section clarifies that general exceptions like consent or doing something for someone's benefit, as explained in Sections 21, 22, and 23 of BNS, don't apply to acts that are wrong in and of themselves. Section 29 BNS helps reinforce the principle that some actions are illegal no matter the outcome or consent, which helps preserve the core values of criminal law.