IPC Section 92 - Act done in good faith for benef it of a person without consent

92. Act done in good faith for benef it of a person without consent. 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 impos sible 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.

Illustration s

(a) Z is thrown from his horse, and is insensible. A, a surgeon, f inds 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 himse lf. 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 ki ll 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, intendi ng, 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 ou t 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 c hild, 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.