consent; or
Consent of child.
Consent of child.-unless the contrary appears from the context, if
the consent is given by a person who is under twelve years of age.
91.
Exclusion of acts which are offences independently of harm cause.
91. Exclusion of acts which are offences independently of harm
cause.--The exceptions in sections 87, 88 and 89 do not extend to acts
which are offences independently of any harm which they may cause, or
be intended to cause, or be known to be likely to cause, to the person
giving the consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose
of saving the life of the woman) is offence inexpediently of any harm
which it may cause or be intended to cause to the woman. Therefore, it
is not an offence "by reason of such harm"; and the consent of the
woman or of her guardian to the causing of such miscarriage does not
justify the act.
92.
Act done in good faith for benefit of a person without consent.
92. Act done in good faith for benefit of a person without
consent.-Nothing is an offence by reason of any harm which it may
causes 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-
Provisos.
117
Provisos.-First.-That this
exception shall
not extend
to the
intentional causing of death or the attempting to cause death;