Illustration: (“A”) and (“Z”) agree to fence with each other for amusement. This
agreement implies the consent of each to suffer any harm which in the
course of such fencing may be caused without foul play; and if (“A”)
while playing fairly hurts (“Z”), (“A”) commits no offence.
Section 52 -
“Communication made in Good Faith”: No communication made in
good faith is an offence by reason of any harm to the person to whom it is
made, if it is made for the benefit of that person.
Illustration:- (“A”) a surgeon in good faith communicates to a patient his opinion that
he cannot live. The patient dies in consequence of the shock. (“A”) has
committed no offence.
Section 53 -
“Act to Which a Person is Compelled by Threats”: Except murder and
offences against the State punishable with death, no act is an offence
which is done by a person who is compelled to do it by threats which at
the time of doing it reasonably cause the apprehension that instant death to
that person will otherwise be the consequence; provided that the person
doing the act did not, of his own accord or from a reasonable apprehension
of harm to himself in the situation by which he became subject to such
constraint.
Section 54 -
“Act Causing Slight Harm”: No act is an offence by reason that it causes
or that it is intended to cause or that it is known to be likely to cause any
injury if that injury is so slight that no person of ordinary sense and temper
would complain of such injury.
Section 55 -
The Right of Private Defense”: No act is an offence which is done in the
lawful exercise of the right of private defense.
Section 56 -
“Right of Private Defense of the Body and of Property”: Every person
has a right, subject to the restrictions hereinafter contained, to defend:(a) his own body and the body of any other person against any
offence affecting the human body;
(b) the property whether movable or immovable of himself or of
any other person against any act, which is an offence falling
under the definition of theft, robbery, mischief or criminal
trespass or which is an attempt to commit theft, robbery,
mischief or criminal trespass.
Section 57 -
“Right of Private Defense Against Act of Person of Unsound Mind,
etc.”: When an act, which would otherwise be an offence is not an offence
by reason of the youth, the want of maturity of understanding, the
unsoundness of mind or the intoxication of the person doing that act or by
reason of any misconception on the part of that person, every person has
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