IPC Section 95
IPC Section 95 — Act done in good faith for the benefit of a person under incapacity
Core idea: Section 95 protects a person from criminal liability when they do something for someone else’s benefit in good faith, even if that act might otherwise be illegal, provided the person for whom the act is done cannot legally consent.
Key points of Section 95
Good faith – The person doing the act must genuinely believe they are acting for the benefit of someone else.
For the benefit of another – The act is done to help, protect, or benefit the other person.
Person under incapacity – The person who is supposed to benefit:
Is a minor or not legally capable of giving consent.
Is mentally incapable of understanding the act or giving consent.
What it protects
Any act that would otherwise be considered criminal (like causing harm, confinement, or restraint) is not punishable if done under Section 95 conditions.
The protection exists only if the act is genuinely for the other person’s benefit and done in good faith.
Examples
Medical assistance: A doctor performs emergency surgery on an unconscious patient to save their life. The patient could not consent. A acts in good faith to benefit the patient. Section 95 protects the doctor.
Disciplinary act for a minor: A teacher restrains a student to prevent them from running into danger. The restraint is in good faith for the child’s safety.
Important points
Intent matters: The act must be intended for the benefit of the person under incapacity, not for personal gain or revenge.
Good faith is essential: If the act is motivated by ill will or selfish interest, Section 95 protection does not apply.
Limits: Section 95 does not protect acts that are obviously excessive or dangerous beyond what is necessary for the benefit.
In short, Section 95 IPC provides legal protection for well-intentioned acts done for the benefit of someone who cannot give consent, ensuring people are not unfairly punished for helping others.
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