IPC Section 106
IPC Section 106 – Liability of a person for doing something which is made criminal by law for a certain period of age
Actually, to be precise, Section 106 of the IPC deals with "Burden of proving that act was done in good faith for benefit of a child or insane person". Let me explain fully:
Text of Section 106 (in simple terms):
"Where an act is done for the benefit of a person under the age of 18 years or someone who is of unsound mind, the burden of proving that the act was done in good faith lies on the person who did it."
Explanation:
Key Concepts:
Good Faith: Acting with honest intention, without any intention to cause harm.
Minor or Unsound Mind:
Minor: Someone under 18 years of age.
Unsound mind: Someone incapable of understanding the consequences of actions due to mental illness.
What Section 106 Deals With:
If someone does an act for the benefit of a minor or insane person that might otherwise be illegal or harmful, the law presumes it was not in bad faith.
However, the person performing the act must prove that it was indeed for the benefit of the minor or insane person.
Illustration / Example:
A doctor performs a medical procedure on a 16-year-old without parental consent, believing it is necessary for the child’s health.
If challenged, the doctor must prove that it was done in good faith for the benefit of the minor.
Legal Effect:
Shifts the burden of proof: Normally, in criminal cases, the prosecution proves guilt.
Under Section 106, the person doing the act must prove innocence by showing the act was in good faith for benefit.
Purpose of Section 106:
Protects vulnerable persons (minors, insane persons) while allowing necessary acts to be done in emergencies or in their interest.
Ensures the law is not misused while balancing protection of those who cannot fully consent.
✅ In short:
If you do something for a child or someone of unsound mind that might otherwise seem illegal, you must prove that it was done in good faith and for their benefit.
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