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:
Provisos – Provided-
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 on 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 housetop, 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.
IPC Section 91: Simplified Explanation
IPC Section 92 of the Indian Penal Code (IPC) addresses situations where an act is done in good faith for the benefit of a person without their consent and under circumstances that prevent obtaining consent either from the individual themselves or from someone legally authorised to consent on their behalf. This section provides a kind of immunity from liability in specific cases where the act, although not agreed to, is deemed necessary and is performed with good intentions for the person’s benefit.
Here are the key points of Section 92 of the IPC:
- Good Faith: The act must be done in good faith, with honest intention and without negligence. It should be aimed at benefiting the person on whom it is performed.
- No Consent: This section applies when consent cannot be obtained, either because it is impossible to communicate with the person (due to unconsciousness, for instance, or minor status) or because there isn’t enough time to obtain consent without risking the person’s health or well-being.
- Benefit: The act must be intended for the person’s benefit. This does not mean that the outcome has to be beneficial in every case, but the intention behind the act must be to aid or prevent harm to the individual.
- Exceptions: The section outlines that this immunity does not apply if the act is intended to cause death, except in cases where the death of the person upon whom the act is done would otherwise be a certainty. Also, this immunity does not apply to acts that are known to likely cause death, primarily intended for someone believed to be in a state of pregnancy, and for acts done without the consent of a guardian when it’s necessary for the benefit of a child or a person of unsound mind.
- Risks and Harms: The section implicitly acknowledges that specific actions may involve risks or harms but considers them justified under particular circumstances for the greater good or urgent benefit of the individual concerned.
This provision is particularly relevant in medical emergencies where immediate action is necessary to save a life or prevent serious harm, and obtaining consent is not feasible. It also applies to situations involving minors or individuals unable to give consent due to mental incapacity, where actions must be taken for their benefit.
As with all legal provisions, the application of Section 92 requires careful consideration of the specific circumstances, including the urgency and necessity of the act, the capability to give consent, and the intention behind the action.
