IPC Section 89 — Act done in good faith for benefit of child or insane person, by or by consent of guardian

Summary

An action done honestly and with good intentions to help a child under twelve years old or a person of unsound mind is not a crime, even if it causes or is intended to cause some harm, as long as it is done by or with the permission—whether clearly stated or understood—of that person’s guardian or lawful caretaker.

Official Text

Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful 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:

Related Judgments

• MS. EERA TH. DR. MANJULA KRIPPENDORF v. STATE — Supreme Court of India (2017)
• RAJESHWARI v. PURAN INDORIA — Supreme Court of India (S)
• HCP/1355/2014 — Madras High Court (2014)
• SC (2018) Vol.6 p.1 — Supreme Court of India (2018)
• KIRAN LOHIA — High Court of Delhi (2020)
• S.C.R. 1147 ELAVARASAN v. STATE REP. BY INSPECTOR OF POLICE — Supreme Court of India (2011)
• ... Petitioner vs 1. The Superintendent of Police, — Madras High Court ()
• .. Appellant/Sole accused vs The State represented by — Madras High Court (2012)

Old <-> New Code Mapping

• BNS §27 — Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian