Penal Code
55
(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 no
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 housetop, 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 not benefit within the meaning
of sections 88, 89 and 92.
Communication made in good faith
93. 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 opinion
that he cannot live. The patient dies in consequence of the shock. A
has committed no offence, though he knew it to be likely that the
communication might cause the patient’s death.
Act to which a person is compelled by threats
94. Except murder, offences included in Chapter VI punishable
with death and offences included in Chapter VIa, nothing is an
offence which is done by a person who is compelled to do it
by threats, which, at the time of doing it, reasonably cause the
apprehension that instant death to that person will otherwise be
the consequence:
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