(c) (“A”) a surgeon knowing that a particular operation is likely to cause the
death of (“Z”) who suffers from a severe pain, but not intending to cause
(“Z’s”) death and intending in good faith (“Z’s”) benefit, performs that
operation. (“Z”) dies in consequence of the operation. If the operation is one
which in all the circumstances it was reasonable for (“A”) to perform and it is
performed with reasonable care and skill, (“A”) has committed no offence. If
through drunkenness the operation is performed unskillfully, (“A”) is not
protected by this section. Whether (“Z”) (or some competent person on his
behalf) has consented to the operation or not, is material circumstance in
judging whether it was reasonable to perform the operation.
(d) (“Z”) is seized by a crocodile, (“A”) fires at the crocodile knowing it to be
likely that the shot may kill (“Z”) but not intending to kill (“Z”) and in good
faith intending (“Z’s”) benefit. In fact (“A”) kills (“Z”). (“A”) has committed
no offence.
Section 49 - “Act of a Child” No act is an offence which is done: (a) by a child of ten years; or below.
(b) by a child above ten years of age but under fourteen who has not attained
sufficient maturity of understanding to judge the nature and consequences of
such act;
(c) the provision of this section shall not affect any civil claim by the aggrieved
party against the guardian of the child.
Section 50 -
“Act of a Person Incapable of Judgment by Reason of Unsoundness of
Mind”: No act is an offence which is done by a person who at the time of
doing it did not possess the power of appreciating the nature of his acts or
of controlling them by reason of permanent or temporary insanity or
mental infirmity.
Provided that this provision shall not affect any civil claim instituted by
the aggrieved party against the guardian unless the person of unsound
mind is in custody.
Section 51 -
“Act not Intended to Cause Death or Grievous Hurt Done by
Consent”:
No act is an offence by reason of the injury it has caused to the person or
property of any person who, being above the age of eighteen years, has
voluntarily and with understanding given his consent express or implied to
that act, provided that this section shall not be applicable to acts which are
likely to cause death or grievous hurt, nor to acts which constitute offences
independently of any injury which they are capable of causing to the
person who has given his consent or to his property.
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