Bharatiya Nyaya Sanhita, 2023
Section 30
Act done in good faith for benefit of a person without consent
Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided that this exception shall not extend to—
(a) the intentional causing of death, or the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
(d) the abetment of any offence, to the committing of which offence it would not extend. Illustrations.
(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.
(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence.
(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.
(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence. Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section.
Why this exists
This provision comes from the original Indian Penal Code (Section 92), drafted in the 19th century to handle emergencies where doctors, rescuers, or bystanders must act instantly to save a life or prevent serious harm, without time to get permission. It recognizes that requiring consent in every situation would sometimes cost lives, so it shields good-faith emergency action — while carefully excluding deliberate killing or unrelated harm, to prevent misuse as an excuse for real wrongdoing.
How courts read it
Indian courts have historically treated this provision (as Section 92 IPC) as closely linked to the 'consent' exceptions preceding it, emphasizing that 'good faith' requires genuine care and attention, not mere claims of good intention. Courts have used it mainly in medical negligence and emergency-rescue contexts, distinguishing true life-saving necessity from reckless or self-serving conduct, and have been strict about the provisos — especially refusing protection where death was intended or where the harmful act served no protective purpose.
Common misconceptions
- Myth: This section means doctors can do anything to a patient without consent as long as they call it 'good faith.'
Fact: The protection is narrow — it only applies when getting consent is truly impossible in time, excludes intentional killing, and excludes harm unrelated to preventing death or serious injury. - Myth: If someone dies while you were trying to help them, you're automatically protected.
Fact: Protection depends on your actual intent and purpose — if your act was reckless or aimed at something other than preventing death or serious harm, this exception won't apply, per the provisos.