SECTION 92 IPC : Act carried out in good faith without consent for the advantage of a person.—Nothing constitutes an offense because of any harm it might cause to someone for whose benefit it is done in good faith, even without that person’s consent, if the situation makes it impossible for that person to signify consent, if they are incapable of doing so, and if they have no guardian or other legal caretaker from whom it is possible to obtain consent in time for the thing to be done with benefit:

First, this exception shall not apply to the deliberate infliction of harm or the attempt to inflict harm;

second, this exception shall not apply to actions taken for any reason other than to prevent death or great bodily harm or to treat any great bodily harm or infirmity;

third, this exception shall not apply to the voluntary infliction of harm or to the attempt to inflict harm; Illustrations
(a) Z is knocked off his horse and becomes unconscious. The surgeon A determines that Z has to be trepanned. Before Z regains his capacity for independent judgment, A conducts the trepan with good intention and for Z’s benefit. A has not violated any laws.
(b) A tiger carries Z off. A shoots the tiger in good faith, wanting to help Z, but is aware that it is possible that Z will be killed by the bullet. Z receives a fatal wound from A’s ball. A is innocent of any wrongdoing.
(c) A, a surgeon, witnesses a youngster suffer an injury that is likely to be fatal if no quick surgery is done. No time remains to contact the child’s guardian. Despite the child’s pleas, A undertakes the procedure with the intention of the child’s benefit and in good faith. A is innocent of any wrongdoing.
(d) A is with Z, a little child, in a burning house. A blanket is held out by people below. A intentionally harms the child by dropping him or her from the top of the home even though she knows that it is likely that he or she would die in the fall. Even if the child is killed in this situation by the fall, A has done nothing wrong.

Explanation.—Within the context of Articles 88, 89, and 92, a purely financial advantage is not considered a benefit.


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