52
Laws of Malaysia
Act 574
ILLUSTRATION
A and Z agree to fence with each other for amusement. This agreement
implies the consent of each to suffer any harm which, in the course of
such fencing, may be caused without foul play; and if A, while playing
fairly, hurts Z, A commits no offence.
Act not intended to cause death, done by consent in good
faith for the benefit of a person
88. Nothing, which is not intended to cause death, 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
any person for whose benefit it is done in good faith, and who
has given a consent, whether express or implied, to suffer that
harm, or to take the risk of that harm.
ILLUSTRATION
A, a surgeon, knowing that a particular operation is likely to cause
the death of Z, who suffers under a painful complaint, but not intending
to cause Z’s death, and intending in good faith, Z’s benefit, performs
that operation on Z, with Z’s consent. A has committed no offence.
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 twelve 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;
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