IPC Section 89
IPC Section 89 of the Indian Penal Code deals with:
“Act done in good faith for benefit of child or insane person, by or by consent of guardian.”
📜 Legal Summary:
Nothing which is done in good faith for the benefit of a person under twelve years of age, or of a person of unsound mind, by or with the consent of the guardian or someone legally in charge, is an offence—even if it causes harm.
✅ Conditions for Section 89 to apply:
The act must be done in good faith.
The person benefitting must be:
Under 12 years of age, or
Of unsound mind.
The act must be done by or with the consent of the guardian or someone with lawful charge.
The act must be for the person's benefit.
The act must not intentionally cause death or be intended to cause harm likely to cause death.
❌ Exceptions (Act NOT protected under Section 89):
If the act is intended to cause death.
If it is done or attempted to be done to cause serious hurt.
If it is done without proper care or caution.
🧒 Example:
If a parent consents to a surgery for their child that is risky but done in good faith by a doctor for the child's benefit, and some harm occurs unintentionally, the doctor is not criminally liable under IPC Section 89.
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