The Bharatiya Nyaya Sahinta 2023
CHAPTER III GENERAL EXCEPTIONS
Article 27
Act done in
good faith for
benefit of
child or
person with
mental illness,
by or by
consent of
guardian
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| The Bharatiya Nyaya Sahinta 2023 |
Nothing which is done in good faith for the benefit of a person under twelve years
of age, or of person with mental illness, 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 that this exception shall 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, in as much as his
object was the cure of the child.
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