Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided-
Provisos" First"-That this exception shall not extend to the intentional
causing of death, or 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 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 ball 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 not 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 housestop, 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"
91 IPC Exclusion of acts which are offences independently of harm cause
92 IPC Act done in good faith for benefit of a person without consent
93 IPC Communication made in good faith
94 IPC Act to which a person is compelled by threats
95 IPC Act causing slight harm
96 IPC Things done in private defence
97 IPC Right of private defence of the body and of property
98 IPC Right of private defence against the act of a person of unsound mind, etc
99 IPC Acts against which there is no right of private defence
100 IPC When the right of private defence of the body extends to causing death