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Section 89 IPC: Good Faith Act for Child or Person of Unsound Mind

Section 89 of the Indian Penal Code, 1860 provided a qualified general exception for acts done in good faith for the benefit of a person under twelve years of age or a person of unsound mind, by or with the express or implied consent of the guardian or another person having lawful charge.

Legal position covered: This article explains Section 89 IPC under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is retained for reference to the IPC framework and matters governed by the earlier law.

Section 89 of the Indian Penal Code, 1860

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-

First.-That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly.-That this exception shall not extend to 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;

Thirdly.-That this exception shall not extend to 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;

Fourthly.-That this exception shall not extend to 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.

Meaning and Scope of Section 89 IPC

Section 89 formed part of Chapter IV of the IPC dealing with General Exceptions. It addressed circumstances in which a child under twelve or a person of unsound mind may be unable to provide the consent contemplated by provisions such as Section 88 IPC. The section permits specified acts for the person's benefit when performed in good faith by, or with the consent of, the guardian or another person having lawful charge, subject to four express provisos.

Essential Requirements of Section 89 IPC

The person for whose benefit the act is done must be under twelve years of age or of unsound mind.
The act must be done in good faith.
The act must be for that person's benefit.
The act must be done by the guardian or other person having lawful charge, or with that person's express or implied consent.
The protection is strictly subject to the four statutory provisos concerning death, grievous hurt and abetment.

Meaning of Good Faith Under the IPC

Section 52 IPC provided that nothing is said to be done or believed in "good faith" which is done or believed without due care and attention. Accordingly, the good-faith requirement in Section 89 involved due care and attention and was not satisfied merely by asserting a beneficial motive.

Child Under Twelve Years or Person of Unsound Mind

The main clause of Section 89 expressly identified two categories: a person under twelve years of age and a person of unsound mind. The provision is concerned with acts done for the benefit of such a person under the authority described in the section.

Guardian or Person Having Lawful Charge

The act may be done by the guardian or other person having lawful charge of the child or person of unsound mind. Alternatively, the act may be done with that guardian's or lawful custodian's consent. The statutory text recognizes both express and implied consent.

First Proviso: Intentional Causing of Death

The exception does not extend to intentionally causing death or attempting to cause death. A beneficial object or guardian's consent cannot bring an act intended to cause death within Section 89.

Second Proviso: Act Known to Be Likely to Cause Death

Where the doer knows that the act is likely to cause death, Section 89 is confined to the purposes expressly stated in the proviso: preventing death or grievous hurt, or curing a grievous disease or infirmity. An act known to be likely to cause death for another purpose does not receive the protection of this exception.

Third Proviso: Voluntary Causing of Grievous Hurt

The exception does not extend to voluntarily causing grievous hurt, or attempting to cause grievous hurt, unless the purpose is preventing death or grievous hurt, or curing a grievous disease or infirmity.

Under the IPC framework, Section 320 IPC specified the kinds of hurt designated as "grievous." That statutory definition is therefore relevant when the third proviso is considered.

Fourth Proviso: Abetment

The fourth proviso prevents Section 89 from extending to abetment of an offence where the exception would not extend to the commission of that offence itself. The exception cannot therefore be enlarged indirectly through abetment.

Medical Illustration Under Section 89

The statutory illustration shows the interaction between good faith, benefit and a known risk of death. A arranges surgery for his child in good faith to cure the child. The operation is known to be likely to cause death, but death is not intended. The illustration places A within the exception because the object is the child's cure.

Section 89 and Section 88 IPC

Section 88 IPC concerned an act not intended to cause death, done in good faith for a person's benefit with that person's consent. Section 89 specifically addressed a child under twelve or a person of unsound mind and used the authority or consent of the guardian or other person having lawful charge, while imposing its four detailed provisos.

Section 89 and Consent Under Section 90 IPC

Section 90 IPC addressed circumstances in which consent was not such consent as contemplated by the IPC. Section 89 should therefore be read as part of the wider statutory scheme governing legally relevant consent and the General Exceptions.

Current-Law Note

The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the notified exception concerning section 106(2). The corresponding current provision concerning an act done in good faith for the benefit of a child or person of unsound mind, by or with consent of a guardian, is Section 27 of the Bharatiya Nyaya Sanhita, 2023. This article is intentionally focused on Section 89 IPC and the legal position before implementation of the BNS.