Section 46 - “Act done Pursuant to the Judgment or Order of Court”: No act
which is done in pursuance of or which is warranted by the judgment or order
of a Court or for the executor of such judgment or order, if done whilst such
judgment or order remains in force, is an offence, notwithstanding that the
Court may have had no jurisdiction to pass such judgment or order; provided
the person doing the act in good faith believes that the Court has such
jurisdiction.
Section 47 - “Accident in Doing a Lawful Act”: No act is an offence which is done
by accident or misfortune and without any criminal intention or knowledge in
the doing of a lawful act in a lawful manner by lawful means and with due
care and attention.
Section 48 - “Act Likely to Cause Injury but Done Without Criminal Intent and to
Prevent other Injury or to Benefit Person Injured”: Nothing is an offence
by reason of any injury which it may cause or be intended by the doer to
cause or be known by the doer to be likely to cause if it be done without any
criminal intention to cause injury and in good faith for the purpose of
preventing or avoiding other injury to person or property or of benefiting the
person to whom injury is or may be caused; provided:(a) that, having regard to all the circumstances of the case, the doing of
the thing was reasonable;
(b) that, where the circumstances so require, the thing is done with
reasonable care and skill;
(c) that this exception does not extend to the intentional causing of death
or to the attempting to cause death in order to prevent or avoid injury
to property only;
(d) that the death of a person shall under no circumstances be deemed to
be for the benefit of that person;
(e) that mere pecuniary benefit is not benefit within the meaning of this
section.
Illustrations:(a) A passenger train traveling at a high speed is approaching a stationary
passenger train upon the same line of rails. A railway employee, as the only
means of preventing a collision that would probably involve the lives of many
passengers, switches the moving train in to a siding. The employee is not
guilty of an offence if in all the circumstances his act was reasonable although
fatal though less serious accident will likely result and a fatal accident in fact
occurs;
(b) (“A”) in a great fire pulls down houses in order to prevent the conflagration
from spreading. He does this with the intention in good faith of saving human
life or property. Here, if it is found that in the circumstances that act was
reasonable, (“A”) is not guilty of an offence.
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