Penal Code
53
(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 his child’s benefit, 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, in as much as his object was
the cure of the child.
Consent known to be given under fear or misconception and
consent of a child or person of unsound mind
90. A consent is not such a consent as is intended by any section
of this Code—
(a)
if the consent is given by a person under fear of injury,
or under a misconception of fact, and if the person doing
the act knows, or has reason to believe, that the consent
was given in consequence of such fear or misconception;
(b)
if the consent is given by a person who, from unsoundness
of mind or intoxication, is unable to understand the
nature and consequence of that to which he gives his
consent; or
(c)
unless the contrary appears from the context, if the consent
is given by a person who is under twelve years of age.
Acts which are offences independently of harm caused to the
person consenting, are not within the exceptions in sections
87, 88 and 89
91. 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.
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