Section 89 IPC: Act done in good faith for benefit of child or insane person, by or by consent of guardian

Section 89 IPC Bare Act Text

89. Act done in good faith for benefit of child or insane person, by or by consent of guardian

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: Provided—

Provisos.

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.

Source: Section 89, Indian Penal Code, 1860

Section 89 IPC in Simple Words

Ingredients of Section 89 IPC

• The act is done in good faith for the benefit of a person under twelve years of age, or of unsound mind
• It is done by, or by the consent, express or implied, of the guardian or other person having lawful charge of that person
• None of the four provisos applies

Punishment Under Section 89 IPC

Section 89 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 89 IPC

When Section 89 IPC Does Not Apply

• The act involves intentionally causing death or attempting to cause death.
• The doer performs an act known to be likely to cause death for a purpose other than preventing death or grievous hurt or curing a grievous disease or infirmity.
• The doer voluntarily causes or attempts to cause grievous hurt for a reason other than preventing death or grievous hurt or curing a grievous disease or infirmity.
• The conduct consists of abetting an offence to which the protection of Section 89 IPC does not extend.
• The act is done without good faith, or without the action or consent of the guardian or person in lawful charge of the child or person of unsound mind.

Section 89 IPC in the BNS

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