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In force2021 Revised Edition
Contents

Chapter IV · General Exceptions

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

Nothing which is done in good faith for the benefit of a person under the age of 12 years or of unsound mind, by or by consent, either express or implied, of the guardian or other person having l a f i l 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 that this exception does not extend to -

(a)

the intentional causing of death or to the attempting to cause death;

(b)

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;

(c)

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;

(d)

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 inasmuch as his object was the cure of the child.

Consent known to be given under fear or misconception and consent of child or person of unsound mind 9 0 . A consent is not s u c h ~ e n t as is ifftended by any &n of this

Code if -

(a)

the consent is given by a person under fear of injury or under a misconception of fact; and

(b)

the person doing the act knows, or has reason to believe, that -

(i)

the consent was given in consequence of such fear or misconception;

(ii)

the consent is given by a person who, from unsoundness of mind or intoxication. is unable to understand the nature and consequence of that to which he gives his consent; or

(iii)

unless the contrary appears from the context, the consent is given by a person who is under the age of 12 years.

Report

Chapter V

Abetment

Chapter VI

Chapter VII

Offences Relating to Army, Navy, Air Force and Police

Chapter VIII

Offences Against Public Tranquillity

Chapter IX

Chapter X

Contempts of Lawful Authority of Public Servants

Chapter XI

False Evidence and Offences Against Public Justice

Chapter

Offences Relating to Coin and Government Stamps

Chapter

Offences Relating to Weights and Measures

Chapter XIV

Offences Affecting Public Health, Safety, Convenience, Decency and Morals

Chapter XV

Offences Relating to Religion

Chapter XVI

Chapter XVII

Chapter XVIII

Offences Relating to Documents, False Documents and Currency Notes and Bank Notes

Chapter XIX

Criminal Breach of Contracts of Service

Chapter XX

Offences Relating to Marriage

Chapter XXI

Defamation

Chapter XXII

Criminal Intimidation, Insult and Annoyance

Chapter XXIII

Attempts to Commit Offences