IPC 88 → BNS 26: Consent (Medical)

Quick Summary: IPC 88 vs BNS 26

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 88 (Consent (Medical)) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Consent (Medical) now maps to BNS 26, and the position below reflects the current bare act.

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 for this offence 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, new complaints relating to consent (medical) are filed under BNS Section 26, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 26

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: For consent (medical), cite the current provision BNS 26 rather than the repealed IPC 88 in all matters arising on or after 1 July 2024.
• Police officers: Register new consent (medical) FIRs under BNS 26; procedure follows the BNSS.
• Law students & citizens: Use the IPC 88 to BNS 26 mapping when checking your position on consent (medical) under the new law.