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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX   IV                                                          771

(2)   The amount of the bond, if forfeited, shall be recoverable by the Court as if
it were a fine imposed by itself.

(3)   If a father or guardian fails to execute a bond under sub-section   (1)   within
the  time fixed  by the  Court,  he  shall be punished with  fine  which may  extend  to
fifty rupees.

Offences under sections—

126.—Maliciously wrecking or attempting to wreck a train.

127.—Maliciously hurting or attempting to hurt persons travelling by railway.

128.—Endangering safety of persons travelling by railway by wilful act or
omission.

129.—Endangering safety of persons travelling by railway by way of rash or
negligent act or omission.

84.    Act of a person of unsound mind.—Nothing is an offence which is done by a
person who, at the time of doing it, by reason of unsoundness of mind, is incapable of
knowing the nature of the act, or that he is doing what is either wrong or contrary to
law.

85.    Act of a person incapable of judgment by reason of intoxication, caused against
his will.—Nothing is an offence which is done by a person who, at the time of doing it,
is, by reason of intoxication, incapable of knowing the nature of the act, or that he is
doing what is either wrong or contrary to law; provided that the thing which intoxicated
him was administered to him without his knowledge or against his will.

86.    Offence requiring a particular intent committed by one who is intoxicated.—In
cases where an act done is not an offence unless done with a particular knowledge or
intent, a person who does the act in a state of intoxication shall be liable to be dealt
with as if he had the same knowledge as he would have had if he had not been intoxi-
cated,  unless  the  thing  which  intoxicated  him  was  administered to  him  without  his
knowledge or against his will.

87.    Act not intended and not known to be likely to cause death or grievous hurt,
done by consent.—Nothing which is not intended to cause death or grievous hurt, and
which is not known by the doer to be likely to cause death, or grievous hurt, is an
offence by reason of any harm which it may cause, or be intended by the doer to cause,
to any person, above eighteen years of age, who has given consent, whether express or
implied, to suffer that harm ; or by reason of any harm which it may be known by the
doer to be likely to cause to any such person who has consented to take the risk of that
harm.

88.    Act not intended to-cause death, done by consent in good faith for person's
benefit.—Nothing which is not intended to cause death, 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 any person for whose benefit it is done in good faith, and
who has given consent, whether express or implied, to suffer that harm, or to take the
risk of that harm.

89.    Act done in good faith for the benefit of child or insane person, by or by
consent of guardian.—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 intend 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 pre-
venting of death or grievous hurt, or the curing of any grievous disease or infirmity ;

Thirdly,—Thai; this exception shall not extend to the voluntary causing of grievous
hurt, or to the attempting to cause 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.

90.    Consent known to  be given under fear  or  misconception.—A consent is not
such a consent as is intended by any section of this Code, if the consent is given by a
person under fear of injury, or under a misconception of fact, and if the person doing
the act knows, or has reason to believe, that the consent was given in consequence of
such fear or misconception ; or if the consent is given by a person who, from unsound-
ness of mind or intoxication, is unable to understand the  nature  and consequence of
that to which he gives his consent; or unless the contrary appears from the context, if
the consent is given by a person who is under twelve years of age.

91.    Exclusion   of   acts   which   are   offences   independently   of   harm   caused.—The
exceptions in sections 87, 88 and 89 do not extend to acts which are offences indepen-
dently of any harm which they may cause or be intended to cause, or be known to be
likely to cause, to the person giving the consent or on whose behalf the consent is given.