89. Act done in good
faith for benefit of child or insane person, by or by consent
of guardian.- Nothing which is done in good faith
for the benefit of a person under twelve years of age, or
of unsound mind, by or by consent, either express or implied,
of the guardian or other person having lawful charge of that
person, is an offence by reason of any harm which it may cause,
or be intended by the doer to cause or be known by the doer
to be likely to cause to that person:
Provided-
First- That this exception shall not extend to the intentional
causing of death, or to 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 grievous hurt, or to the attempting to cause grievous
hurt, unless it be for the purpose of preventing death or
grievous hurt, or the curing of any grievous disease or infirmity;
Fourthly- That this exception shall not extend to the abetment
of any offence, to the committing of which offence it would
not extend.
Illustration
A, in good faith, for his child's benefit without his child's
consent, has his child cut for the stone by a surgeon, knowing
it to be likely that the operation will cause the child's
death, but not intending to cause the child's death. A is
within the exception in as much as his object was the cure
of the child.
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