Code
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 that this exception shall not extend to–(a) the intentional causing of death, or the attempting to cause death;(b) 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;(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than
the preventing of death or hurt;(d) the abetment of any offence, to the committing of which offence it would not extend.Illustrations.(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned.A, not intending Zs 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.(2) 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 bullet gives Z a mortal wound. A has
committed no offence.(3) 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.(4) 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 26, 27 and this
section.
