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BNS 2024ACTIVE FRAMEWORK
Section 90
Act Done in Good Faith for Benefit of Child or Person of Unsound Mind
Replaces colonial-era: IPC 89
N/ACognizable: N/AN/A
Reform Highlights
1
Renumbered from IPC Section 89 to BNS Section 90.
2
Same protection preserved — good faith acts for children/unsound mind persons by/with guardian consent.
3
Death exception preserved — cannot invoke this section to justify intentional killing.
THE STATUTE
The Clause
Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, 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 that person: provided that this exception shall not extend to the intentional causing of death, or to the attempting to cause death.
Legal Commentary
Section 90 creates a general exception for medical and protective acts performed in good faith for the benefit of children under 12 or persons of unsound mind, by or with the consent of their guardian. This section is the legal foundation for parents authorising medical procedures, surgical operations, and other therapeutic interventions for children — even when those interventions cause pain, carry risk, or result in bodily harm. A surgeon who amputates a gangrenous limb from a child with parental consent is fully protected. A guardian who administers necessary medication that causes adverse effects is protected. However, two critical limits apply: the protection does not extend to intentionally causing death, and good faith (BNS Section 52) requires actual due care and attention — a guardian who acts recklessly and claims good faith has no protection.
Case Simulations
"A surgeon amputating a child's infected limb with parental consent, in good faith — protected under Section 90."
"A guardian administering prescribed medication that causes an adverse reaction — protected if done in good faith."
"A guardian deliberately depriving a child of food claiming it is 'good for them' — not good faith, not protected."
Expert Insights
Yes — as long as the procedure is done in good faith for the child's benefit by a medical professional with parental consent, Section 90 protects both the parent and the surgeon from criminal liability for any harm caused.
Absolutely not. Section 90 explicitly excludes intentional causing of death or attempts to cause death. Euthanasia or mercy killing of a child is not protected by this exception.