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LawScroll ActsBare Acts Database

Section 30. Act done in good faith for benefit of a person without consent

BNS · GENERAL EXCEPTIONS
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(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to 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 a mortal 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. A performs the operation in
spite of the entreaties of the child, intending, in good faith, the child’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, but not intending to kill
the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A
has committed no offence.
ExplanationMere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section.

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