08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the
life of woman) is an offence independently of any harm which it may cause or be
intended to cause to the woman. Therefore, it is not an offence “by reason of
such harm”; and the consent of the woman or of her guardian to the causing of
such miscarriage does not justify the act.
Act done in good faith
92. Nothing is an offence by reason of any harm which it may cause to a person
for whose benefit it is done in good�� faith, even without that person's consent, if
the circumstances are such that it is impossible for that person to signify consent,
or if that person is incapable of giving consent, and has no guardian or other
person in lawful charge of him from whom it is possible to obtain consent in time
for the thing to be done with benefit:
Provided
Firstly.That this exception shall not extend to the intentional causing of death, or
the attempting to cause death;
for benefit of a
person without
consent
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 hurt, or
to the attempting to cause hurt, for any purpose other than the preventing of
death or hurt;
Fourthly.That this exception shall not extend to the abetment of any offence, to
the committing of which offence it would not extend.
Illustrations
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z
requires to be trepanned. A not intending Z's death but in good faith for Z's
benefit, performs the trepan before Z recovers his power of judging for himself. A
has committed no offence.
(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 inspite 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.
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