Act done in good faith for benefit of a person without consent
AI Assist
Summary
An act done in good faith for the benefit of a person is not an offence even without that person’s consent when it is impossible to obtain consent, the person cannot consent, and no guardian or lawful person in charge can be reached in time. The protection applies only if the action genuinely aims to prevent death, grievous hurt, or to cure serious disease. It does not cover intentionally causing death, attempting death, voluntary hurt for other purposes, or abetting offences outside this protection.
Example
Priya, a doctor, finds Rohan unconscious after a road accident and sees he needs immediate surgery to save his life. There is no time to contact Rohan’s guardian, so Priya, in good faith, operates. Because her act is for Rohan’s benefit and consent could not be obtained in time, she is not guilty under this rule.
Bare Act
Enacted textNothing is an offence by reason of any harm which it may causes 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.
Provisos
(1) That this exception shall not extend to the intentional causing of death or 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 hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
(4) That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.
Illustrations
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(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.
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(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.
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(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.
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(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 house-top, 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.
Explanations
(1) Mere pecuniary benefit is not benefit within the meaning of sections 88 89 and 92.
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