Penal Code · 2021 Revised Edition · Chapter IV · General Exceptions
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian
Official textFrom Attorney General's Chambers, unchanged
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 -
the intentional causing of death or to the attempting to cause death;
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;
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;
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 -
the consent is given by a person under fear of injury or under a misconception of fact; and
the person doing the act knows, or has reason to believe, that -
the consent was given in consequence of such fear or misconception;
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
unless the contrary appears from the context, the consent is given by a person who is under the age of 12 years.
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