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: Provided116
Provisos.
Provisos.-First.-That this exception shall not extend to the
intentional causing of death, or to the attempting to cause
death;
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 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;
Fourthly.-That this
abetment of any offence,
would not extend.
exception shall not extend to the
to the committing of which offence it
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.
90.
Consent known to be given under fear or misconception.
90. Consent known to be given under fear or misconception.--A
consent is not such a consent as is intended by any section of this
Code, 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; or
Consent of insane person.
Consent of insane person.-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