Act done in good faith for benefit of child or insane person, by or by consent of guardian
AI Assist
Summary
An act done in good faith for the benefit of a person under twelve or of unsound mind, with the guardian’s express or implied consent, is not an offence even if it causes or is likely to cause harm. The exemption does not cover intentionally causing death or attempting death, or acts known likely to cause death except when done to prevent death or grievous hurt or to cure a grievous disease. It also does not cover voluntary causing of grievous hurt (unless for those purposes) or abetment.
Example
Priya consents to a surgeon operating on her 8-year-old son to remove a dangerous tumor. The operation might cause serious harm or even death, but because it is done in good faith for the child’s benefit with the guardian’s consent, it is not an offence. If the surgeon knowingly acted to cause death for some other purpose, or intended grievous hurt, the protection would not apply.
Bare Act
Enacted textNothing 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
Provisos
(1) That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;
(2) 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;
(3) 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;
(4) That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.
Illustrations
(1) 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.
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