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 :
Provisos—Provided—
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.
IPC Section 89: Simplified Explanation
IPC Section 89 of the Indian Penal Code (IPC) deals with acts performed in good faith for the benefit of a child or an insane person under certain conditions. This section is designed to provide legal protection to those who undertake actions meant to benefit minors (individuals under eighteen years of age) or persons of unsound mind, even if those actions might otherwise constitute an offence under different circumstances. The provision recognizes the role of guardians in consenting to such acts on behalf of those under their care.
Critical Aspects of IPC Section 89
- Beneficial Acts in Good Faith: Under Section 89, the primary criterion is that the act must be done in good faith for the benefit of a child or an insane person. “Good faith” implies an honest belief that the act is for the person’s benefit, undertaken with due care and attention.
- Consent of Guardian: For children or insane persons who cannot legally give consent due to their age or mental capacity, permission must be obtained from their guardian. This consent is crucial for the legal protection offered by Section 89 to apply.
- Scope of Acts Covered: This section covers actions that might otherwise be considered offences if not for the circumstances under which they are performed. This includes, but is not limited to, medical procedures, educational discipline, or other necessary interventions for the individual’s welfare.
- Exclusions: The provision does not offer protection for acts that cause death or are intended to cause grievous hurt or severe injury. Additionally, it does not apply to acts done with the intent to commit an offence.
