Act done in good faith for benefit of a person without consent is defined under section 92 of ipc. Provisions under IPC section 92 explained here:
What is Section 92 IPC:
Nothing is an offence by reason of any harm which it may causes 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:
- 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.
- 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.
- 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.
- 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 house-top, 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.
Section 92 IPC Explanation:
This section means if a person does an act for someone else’s benefit without taking that person’s consent for the reason that the person is unable to give consent, or if no gurdain or lawful incharge of that person is available to give consent, then the act committed by person in good faith will not be an offence. For eg, A is caught in fire with his child unable to find no other way A threw his child away from fire, child got hurt by hitting hard on head, but is alive which saved the child’s life so it wont be an offence.First, this section doesn’t extend to intentionally causing death or intentionally causing grievous hurt. Second, This exception shall not extend to the point where the act comitting is likely to cause death or grevious death, unless it’s done to prevent death or grevious hurt, or for curing grevious disease Third, this section shall not extend to the point were causing hurt is voluntary for any purpose other then preventing death or hurt. Fourth, this exception shall not extend to abetment of any offence. Fourth, this exception shall not extend to abetment of any offence.
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