Lawgist92Act done in good faith for benefit of a person without consent
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—
Provisos. First.—That this exception shall not extend to the intentional causing of death, or 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 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 not 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 housestop, 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.
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- 76 Act done by a person bound, or by mistake of fact believing himself bound, by law
- 77 Act of Judge when acting judicially
- 78 Act done pursuant to the judgment or order of Court
- 79 Act done by a person justified, or by mistake of fact believing himself justified, by law
- 80 Accident in doing a lawful act
- 81 Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 82 Act of a child under seven years of age
- 83 Act of a child above seven and under twelve of immature understanding
- 84 Act of a person of unsound mind
- 85 Act of a person incapable of judgment by reason of intoxication caused against his will
- 86 Offence requiring a particular intent or knowledge committed by one who is intoxicated
- 87 Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- 88 Act not intended to cause death, done by consent in good faith for person's benefit
- 89 Act done in good faith for benefit of child or insane person, by or by consent of guardian
- 90 Consent known to be given under fear or misconception
- 91 Exclusion of acts which are offences independently of harm caused
- 92 Act done in good faith for benefit of a person without consent
- 93 Communication made in good faith
- 94 Act to which a person is compelled by threats
- 95 Act causing slight harm
