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

Section 89 of Indian Penal Code 1860 : 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 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. 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, inasmuch as his object was the cure of the child.

Indian Penal Code 1860

Section 76 Act done by a person bound, or by mistake of fact believing himself bound, by law

Section 77 Act of Judge when acting judicially

Section 78 Act done pursuant to the judgment or order of Court

Section 79 Act done by a person justified, or by mistake of fact believing himself justified, by law

Section 80 Accident in doing a lawful act

Section 81 Act likely to cause harm, but done without criminal intent, and to prevent other harm

Section 82 Act of a child under seven years of age

Section 83 Act of a child above seven and under twelve of immature understanding

Section 84 Act of a person of unsound mind

Section 85 Act of a person incapable of judgment by reason of intoxication caused against his will

Section 86 Offence requiring a particular intent or knowledge committed by one who is intoxicated

Section 87 Act not intended and not known to be likely to cause death or grievous hurt, done by consent

Section 88 Act not intended to cause death, done by consent in good faith for person's benefit

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

Section 90 Consent known to be given under fear or misconception