Indian Penal Code Section 139: Persons Subject to Certain Acts

This section deals with individuals who are subject to certain acts despite their age or mental capacity.

1. State the Code

Section 139 of the Indian Penal Code states:

“Nothing in this Code shall exempt any person from criminal liability for an act done by him, or for an omission to do an act, which is an offence against this Code, on the ground that such act or omission was done or made in good faith for the benefit of any person who, by reason of unsoundness of mind, is incapable of giving consent, or for the benefit of any person, under the age of twelve years, or of any person, under the age of eighteen years, if such person is, under the circumstances, incapable of giving consent.”

2. Explanation

This section clarifies that even if an act is done in good faith for the benefit of a person who is incapable of giving consent due to:

• Unsoundness of mind
• Being under the age of 12 years
• Being under the age of 18 years and incapable of giving consent under the circumstances

The person performing the act can still be held criminally liable if the act itself constitutes an offense under the Indian Penal Code.

3. Illustration

Consider a situation where a guardian forcibly administers medication to a mentally ill person without their consent, believing it to be in their best interest. Even if the guardian’s intentions were good, if the act of administering medication without consent constitutes a crime under the Indian Penal Code, the guardian can be held liable.

4. Common Questions and Answers

Q: Can a person be exempted from criminal liability if they act in good faith for a minor’s benefit?
A: No, this section specifically states that even if the act is done for the benefit of a minor, the person can still be held liable if the act itself is an offense under the Indian Penal Code.

Q: Does this section apply only to individuals who are physically incapable of giving consent?
A: No, it also applies to individuals who are mentally incapable of giving consent due to unsoundness of mind.