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22. Nothing is an offence which is done by a person who, at the time of doing it, by

reason of mental illness, is incapable of knowing the nature of the act, or that he is doingwhat is either wrong or contrary to law.

23. Nothing is an offence which is done by a person who, at the time of doing it, is, by

reason of intoxication, incapable of knowing the nature of the act, or that he is doing what iseither wrong, or contrary to law; unless that the thing which intoxicated him was administeredto him without his knowledge or against his will.

24. In cases where an act done is not an offence unless done with a particular knowledge

or intent, a person who does the act in a state of intoxication shall be liable to be dealt withas if he had the same knowledge as he would have had if he had not been intoxicated, unlessthe thing which intoxicated him was administered to him without his knowledge or againsthis will.

25. 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 anyharm which it may cause, or be intended by the doer to cause, to any person, above eighteenyears of age, who has given consent, whether express or implied, to suffer that harm; or byreason of any harm which it may be known by the doer to be likely to cause to any suchperson 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 causedwithout foul play; and if A, while playing fairly, hurts Z, A commits no offence.

26. 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 likelyto cause, to any person for whose benefit it is done in good faith, and who has given aconsent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Illustration .

A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who

suffers under the painful complaint, but not intending to cause Z’s death, and intending, ingood faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed nooffence.

27. Nothing which is done in good faith for the benefit of a person under twelve years

of age, or of person with mental illness, by or by consent, either express or implied, of theguardian or other person having lawful charge of that person, is an offence by reason of anyharm which it may cause, or be intended by the doer to cause or be known by the doer to belikely to cause to that person:

Provided that this exception shall 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 causeAct of a child

above sevenand undertwelve ofimmatureunderstanding.

Act of a

person ofmental illness.

Act of a person

incapable ofjudgment byreason ofintoxicationcaused againsthis will.

Offence

requiring aparticularintent orknowledgecommitted byone who isintoxicated.

Act not

intended andnot known tobe likely tocause death orgrievous hurt,done byconsent.

Act not

intended tocause death,done byconsent ingood faith forperson'sbenefit.

Act done in

good faith forbenefit ofchild orperson withmental illness,by or byconsent ofguardian.Act of a child

under sevenyears of age.

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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 ofany 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, in as much as hisobject was the cure of the child.

28. A consent is not such a consent as is intended by any section of this Sanhita,––

(a) if the consent is given by a person under fear of injury, or under a misconception

of fact, and if the person doing the act knows, or has reason to believe, that theconsent was given in consequence of such fear or misconception; or

(b) if the consent is given by a person who, from mental illness, or intoxication,

is unable to understand the nature and consequence of that to which he gives hisconsent; or

(c) unless the contrary appears from the context, if the consent is given by a

person who is under twelve years of age.

29. The exceptions in sections 21, 22 and 23 do not extend to acts which are offences

independently of any harm which they may cause, or be intended to cause, or be known tobe 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 offence independently of any harm which it may cause or be intended to causeto the woman. Therefore, it is not an offence “by reason of such harm”; and the consent ofthe woman or of her guardian to the causing of such miscarriage does not justify the act.

30. 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 circumstancesare such that it is impossible for that person to signify consent, or if that person is incapableof giving consent, and has no guardian or other person in lawful charge of him from whom itis possible to obtain consent in time for the thing to be done with benefit:

Provided that exception shall 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 thecuring 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;

(d) the abetment of any offence, to the committing of which offence it would not

extend.

Illustration s.

(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires toConsent

known to begiven underfear ormisconception.

Exclusion of

acts which areoffencesindependentlyof harmcaused.

Act done in

good faith forbenefit of apersonwithoutconsent.5

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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.

(2) Z is carried off by a tiger. A fires at the tiger 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 bullet gives Z amortal wound. A has committed no offence.

(3) 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. Aperforms the operation in spite of the entreaties of the child, intending, in good faith, thechild’s benefit. A has committed no offence.

(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A

drops the child from the house top, knowing it to be likely that the fall may kill the child, butnot intending to kill the child, and intending, in good faith, the child’s benefit. Here, even ifthe child is killed by the fall, A has committed no offence.

Explanation.— Mere pecuniary benefit is not benefit within the meaning of sections

21, 22 and 23.

31. No communication made in good faith is an offence by reason of any harm to the