IPC Section 89
Section 89 - Act done in good faith for benefit of a person, without consent
"Nothing which is done in good faith for the benefit of a person, under the circumstances in which the person is under the care of the doer, and who has not given consent for it, shall be deemed an offence."
Key points of Section 89:
Good Faith: The act must be done with a sincere intent to benefit the person, i.e., it must be done in good faith.
Benefit to the Person: The act should be for the welfare or benefit of the person involved, not for any malicious intent.
No Consent Required: If the person has not given consent, but the act is still done for their benefit (and not for harmful reasons), it is not considered an offense.
Context of Care: The section applies when someone is under the care of the person performing the act (for example, a guardian, doctor, or caregiver).
Examples:
A doctor performing surgery without consent in an emergency situation to save the patient’s life, or a parent giving their child medicine without the child's consent because it’s necessary for their health.
Physical restraint in case of a violent patient where the healthcare provider is acting to prevent harm to others.
Not an offense under IPC:
The person performing the act must be acting for the person's good, and the act should not be an attempt to harm.
Consent: If a person has given valid consent, Section 89 wouldn't be applicable. This section typically applies where consent is not possible, like in cases involving minors or unconscious individuals.
Application:
Section 89 is relevant in cases of medical treatment, parent-child relations, and guardianship, where acts might need to be performed for someone's well-being even without direct consent.
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