Indian Penal Code, 1860 · Chapter IV: General Exceptions
Section 89: Act done in good faith for benefit of child or insane person, by or by consent of guardian
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
An act done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or with the consent of their guardian or lawful carer, is not an offence because of harm it causes or is intended or known likely to cause to that person.
- This does not cover intentionally causing or attempting to cause death.
- It does not cover acts known likely to cause death, except to prevent death or grievous hurt or cure a grievous disease or infirmity.
- It does not cover voluntarily causing grievous hurt, except for those same purposes, or abetting an offence it would not cover.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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— Provisos. First.—That this exception shall not extend to the intentional causing of death, or to the attempting to cause death; Secondly.—That this exception shall not extend to 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; Thirdly.—That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt; or the curing of any grievous disease or infirmity; Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Understanding this section
Section 89 protects acts done in good faith for the benefit of a child under twelve, or a person of unsound mind, by the guardian or with the guardian's express or implied consent.
The four provisos
- It never covers intentionally causing death or attempting it.
- It does not cover acts known to be likely to cause death, unless done to prevent death or grievous hurt or to cure a grievous disease.
- It does not cover voluntarily causing grievous hurt or attempting it, unless done to prevent death or grievous hurt or to cure a grievous disease or infirmity.
- It does not extend to abetting an offence the guardian could not commit.
In practice
A surgeon operating on a young child with the parents' consent is protected. So is a guardian taking reasonable steps for the child's benefit. The protection is for the child's benefit; an act done for the guardian's own ends is not covered.
Common mistakes
- Assuming a guardian can consent to anything; the provisos set firm limits.
Read with: Section 88 IPC, Section 90 IPC, Section 27 BNS
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.