Section 92 IPC: Act done in good faith for benefit of a person without consent

Section 92 IPC Bare Act Text

92. Act done in good faith for benefit 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 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: 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.

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 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 no 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 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.

Source: Section 92, Indian Penal Code, 1860

Section 92 IPC in Simple Words

Ingredients of Section 92 IPC

• The act is done in good faith for the benefit of the person who suffers the harm
• It is impossible for that person to signify consent, or that person is incapable of giving consent
• There is no guardian or other person in lawful charge from whom consent can be obtained in time for the thing to be done with benefit
• None of the four provisos applies

Punishment Under Section 92 IPC

Section 92 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 92 IPC

When Section 92 IPC Does Not Apply

• The person is capable of signifying consent himself, or has a guardian or person in lawful charge from whom consent can be obtained in time.
• The act involves intentionally causing death or attempting to cause death, or abetting an offence to which the exception does not extend.
• 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 hurt for a purpose other than preventing death or hurt.
• The act is performed without good faith or solely for a pecuniary benefit.

Section 92 IPC in the BNS

FAQs on Section 92 IPC

Sections Related to Section 92 IPC