Explanation.
Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and
92.
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 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.
94. Act to which a person is compelled by threats. Except murder, and offences against the
State punishable with death, 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 : Provided the person doing the act did not of his own
accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in
the situation by which he became subject to such constraint.
Explanation 1. A person who, of his own accord, or by reason of a threat of being beaten, joins
a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the
ground of his having been compelled by his associates to do anything that is an offence by law.
Explanation 2. A person seized by a gang of dacoits, and forced by threat of instant death, to
do a thing which is an offence by law ; for example, a smith compelled to take his tools and to force
the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
95. Act causing slight harm. Nothing is an offence by reason that it causes, or that it is intended
to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of
ordinary sense and temper would complain of such harm.
Of the Right of Private Defence
96. Things done in private defence. Nothing is an offence which is done in the exercise of the
right of private defence.
97. Right of private defence of the body and of property. Every person has a right, subject to
the restrictions contained in section 99, to defend
First.
body ;
His own body, and the body of any other person, against any offence affecting the human
Secondly. The property, whether moveable or immoveable, of himself or of any other person,
against any act which is an offence falling under the definition of theft, robbery, mischief or criminal
trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
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