IPC SECTION 89

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SECTION 89 IPC : Act performed in good faith with the approval of the guardian for the benefit of a child or an insane person.—Nothing that is done in good faith for the benefit of a person under the age of twelve or who is not of sound mind, or with the express or implied consent of the guardian or other person having legal custody of that person, constitutes a crime because of any harm that it may cause, is intended to cause, or that the doer knows is likely to cause that person harm: Provisos—Provided—
First, this exception does not apply to intentionally causing death or attempting to cause death;

second, it does not apply to doing something that one knows will likely result in death for any reason other than preventing death or grievous harm or treating a grievous disease or infirmity;

third, it does not apply to intentionally causing grievous harm or attempting to cause grievous harm;

and fourth, it does not apply to doing something that one knows will likely result in grievous harm or causing grievous injury voluntarily.

Illustration A has his child sliced for the stone by a surgeon in good faith and without the youngster’s knowledge or permission. despite not wanting to, knowing that it is possible that the procedure will result in the child’s death. Because his goal was to treat the child, A falls under the exception.

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