“Act done in good faith for benefit of a person without consent” – Section 92 of IPC – Explained!

First:

That this exception shall not extend to the intentional causing of death, or the attempting to cause death;

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

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 bullet 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 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 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.

Related Articles

14 Most Important Principles of Management (by Henry Fayol)

With the human element incorporated, management consists of deciding what is to be done, how to do it, in organizing the material, technical and human resources required to do it accordingly, and then getting things done through people. The principles of general management first developed by the French industrialist Henry Fayol in the early twenties […]
Read more

Maintenance Pendente Lite and Expenses of Proceedings under Hindu Law, 1955

[Provided that the application for the payment of the expenses of the proceedings and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be]. Note: In lndra Paul Kaur v. […]
Read more
Search for:
x

Hi!
I'm Rebecca!

Would you like to get a custom essay? How about receiving a customized one?

Check it out