Section 86
Effect of defence of intoxication when established
of Penal Code
(1)
Where the defence under section 85(2) is established, then in a case f a h g under paragraph (a) the@
the accused per=
U h e acquitted, and in a case falling under paragraph (b) thereof, the provisions of section 84 and of sections 319 and 320 of the Criminal Procedure Code
(Chapter 7) apply.
(2)
Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.
(3)
For the purpose of this and section 85, "intoxication" is deemed to include a state produced by narcotics or drugs.
Act not intended, and not known to be likely, to cause death or grievous hurt, done by consent 87.
Nothing which is not intended to cause death or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause. or be intended by the doer to cause, to any person above the age of 18 years, who has given consent whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.
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.
Act not intended to cause death, done by consent in good faith for a person's benefit 88.
Nothing, which is not intended to cause death, 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 any person for whose benefit it is done in good faith. and who has given a consent, whether express or implied, to suffer that harm or to take the risk of that harm.
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Penal Code
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause T s death and intending. in good faith, T s benefit, performs that operation on Z with Z's consent. A has committed no offence.
Act done in good faith for benefit of child or insane person, by or by consent of guardian 89.
Nothing which is done in good faith for the benefit of a person under the age of 12 years or of unsound mind, by or by consent, either express or implied, of the guardian or other person having l a f i l 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 that this exception does not extend to -
(a)
the intentional causing of death or to the attempting to cause death;
(b)
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;
(c)
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;
(d)
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 inasmuch as his object was the cure of the child.
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CAP. 22 51
Consent known to be given under fear or misconception and consent of child or person of unsound mind 9 0 . A consent is not s u c h ~ e n t as is ifftended by any &n of this
Code if -
(a)
the consent is given by a person under fear of injury or under a misconception of fact; and
(b)
the person doing the act knows, or has reason to believe, that -
(i)
the consent was given in consequence of such fear or misconception;
(ii)
the consent is given by a person who, from unsoundness of mind or intoxication. is unable to understand the nature and consequence of that to which he gives his consent; or
(iii)
unless the contrary appears from the context, the consent is given by a person who is under the age of 12 years.
Exclusion of acts which are offences independently of harm caused 91.
The exceptions in sections 87,88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause, or be intended to cause, to the woman. Therefore, it is not an '.offence by reason of such harm", and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.
Act done in good faith for benefit of person without consent 92.
Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no
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Penal Code guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:
Provided that this exception does not extend to -
(a)
the intentional causing of death or the attempting to cause death;
(b)
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;
(c)
the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
(4 the abetment of any offence, to the committing of which offence it would not extend.
(a)
Z is thrown from his horse, and is insensible. A. a surgeon, finds that Z requires to be trepanned. A, not intending Z's death, but in good faith, for Z's benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.
(b)
Z is carried off 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. A's shot gives Z a mortal wound. A has committed no offence.
(c)
A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child's guardian.
A performs the operation in spite of the entreaties of the child, intending, in good faith, the child's benefit. A has committed no offence.
(d)
A is in a house which is on fire, with Z, a child. People below hold a blanket.
A drops the child from the house-top, knowing it to be likely that the fall may kill the child but not intending to kill the child, and intending, in good faith, the child's benefit. Here, even if the child is killed by the fall, A has committed no offence.
Explanation -
Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.
Communication made in good faith 93.
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.
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CAP. 22 53
I/lustr.ation
A. a surgeon, in good faith. communicates to a patient in his opinion that he cannot live.
The patient dies in consequence of the shock. A has committed no offence. though he knew
- --
-
it to be liketyffiztfhe communication might C a u m e patient's death.
Act to which person is compelled by threats 94.
Except murder and offences under section 121, punishable with death, nothing 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 the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
Explanation I -
A person who. of his own accord, or by reason of a threat of being beaten. joins a gang of robbers, knowing their character, is not entitled to the benefit of this exception on the ground of his having been compelled by his associates to do anything that is an offence by law.
Explanation 2 - A person seized by a gang of robbers, and forced. by threat of instant death, to do a thing which is an offence by law -
for example. a smith compelled to take his tools and to force the door of a house for the gang-robbers to enter plunder it -
is entitled to the benefit of this exception.
Act causing slight harm 95.
Nothing 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 harm. if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Right ofprivate defence
Things done in private defence 96.
Nothing is an offence which is done in the exercise of the right of private defence.
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Penal Code
Right of private defence of body and of property 97.
Every person has a right, subject to the restrictions contained in section 99. 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.
Right of private defence against act of person of unsound mind etc.