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 hurt, or to the attempting to cause hurt,
for any purpose other than the preventing of death or hurt;
Fourthly.-That this
abetment of any offence,
would not extend.
exception shall not extend to the
to the committing of which offence it
Illustrations
(a) Z is thrown from his horse, and is insensible. A, a surgeon,
finds that Z requires to be trepanned. A, not intending Z's death, but
in good faith, for Z's benefit, performs the trepan before Z recovers
his power of judging for himself. A has committed no offence.
(b) Z is carried off by a tiger. A fires at the tiger knowing it
to be likely that the shot may kill Z, but not intending to kill Z,
and in good faith intending Z's benefit. A's ball gives Z a mortal
wound. A has committed no offence.
(c) A, a surgeon, sees a child suffer an accident which is likely
to prove fatal unless an operation be immediately performed. There is
not time to apply to the child's guardian. A performs the operation in
spite of the entreaties of the child, intending, in good faith, the
child's benefit. A has committed no offence.
(d) A is in a house which is on fire, with Z, a child. People
below hold out a blanket. A drops the child, from the house-top,
knowing it to be likely that the fall may kill the child, but not
intending to kill the child, and intending, in good faith, the child's
benefit. Here, even if the child is killed by the fall, A has
committed no offence.
Explanation.-Mere pecuniary benefit is
meaning of sections 88 89 and 92.
not benefit
within
the
93.
Communication made in good faith.
93. Communication made in good faith.--No communication made in
good faith is an offence by reason of any harm to the person to whom
it is made, if it is made for the benefit of that person.
Illustration
A, a
surgeon, in
good faith,
communicates
to
a
patient
his