IPC 89 — Act done in good faith for benefit of child or insane person, by or by consent of guardian

Indian Penal Code, 1860

Statutory text

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-
Provisos.
Provisos.-First.-That this exception shall not extend to the intentional  causing of death, or  to  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 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;
Fourthly.-That  this  exception  shall  not  extend  to  the abetment of  any offence,  to the  committing of which offence it would not extend.
Illustration
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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