Penal Code
2008 Ed.
CAP. 224
48
Act done in good faith for the benefit of a child or person of
unsound mind, by or by consent of guardian
89. Nothing, which is done in good faith for the benefit of a person
under 12 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 that this exception shall not extend to —
(a) the intentional causing of death, or to the attempting to cause
death;
(b) 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;
(c) 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;
(d) the abetment of any offence, to the committing of which
offence it would not extend.
Illustration
A, in good faith, for the benefit of his child, being under 12 years of age,
without his child’s consent, has his child cut for the stone by a surgeon, knowing it
to be likely that the operation will cause the child’s death, but not intending to cause
the child’s death. A is within the exception, inasmuch as his object was the cure of
the child.
[Indian PC 1860, s. 89]
Consent given under fear or misconception, by person of
unsound mind, etc., and by child
90. A consent is not such a consent as is intended by any section of
this Code —
Informal Consolidation – version in force from 1/4/2015
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