Verified 2025 — BNS Bare Act

IPC 88 → BNS 26: Consent (Medical)

IPC Section 88 (Consent (Medical)) under the old Indian Penal Code 1860 is now covered under Section 26 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

88

Consent (Medical)

Act not intended to cause death, done by consent in good faith for person's benefit

New Law — BNS 2023

26

Consent (Medical)

Punishment / Liability

N/A - General Exception

Key Change / Note

Doctors protection clause

Facing a case under BNS 26?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 26.

Quick Summary: IPC 88 vs BNS 26

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 88 (Consent (Medical)) is now mapped to BNS Section 26.

What did IPC 88 cover?

IPC 88 dealt with consent (medical) — act not intended to cause death, done by consent in good faith for person's benefit. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 26: What changed in the new law?

Doctors protection clause. From 1 July 2024, all new criminal complaints relating to consent (medical) are filed under BNS Section 26. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 26

N/A - General Exception

Practical implications for advocates, police & citizens

Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 26 instead of IPC 88.
Police officers: Use BNS 26 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 88 ↔ BNS 26 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 88?

IPC Section 88 (Consent (Medical)) is now covered under Section 26 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 26?

N/A - General Exception

What is the key difference between IPC 88 and BNS 26?

Doctors protection clause

Is IPC 88 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.