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.

Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 21, 22 and 23.

31. No communication made in good faith is an offence by reason of any harm to the person to whom it is made,
if it is made for the benefit of that person.

Illustration.

A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in
consequence of the shock. A has committed no offence, though he knew it to be likely that the communication
might cause the patient’s death.

32. Except murder, and offences against the State punishable with death, nothing is an offence which is done by
a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension
that instant death to that person will otherwise be the consequence:

Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to
himself short of instant death, place himself in the situation by which he became subject to such constraint.

Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of
dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been
compelled by his associates to do anything that is an offence by law.

Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which
is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the
dacoits to enter and plunder it, is entitled to the benefit of this exception.

33. Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely
to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such
harm.

Of the right of private defence

34. Nothing is an offence which is done in the exercise of the right of private defence. 35. Every person has a
right, subject to the restrictions contained in section 37, to

defend—

(a) his own body, and the body of any other person, against any offence affecting the human body;

(b) the property, whether movable or immovable, of himself or of any other

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Act causing slight harm.

Things done in private defence.

Right of private defence of body and of property.

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person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal
trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

36. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the
want of maturity of understanding, the mental illness or the intoxication of the person doing that act, or by
reason of any misconception on the part of that person, every person has the same right of private defence
against that act which he would have if the act were that offence.

Illustrations.
(a) Z, under the influence of mental illness, attempts to kill A; Z is guilty of no offence.

But A has the same right of private defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker,
attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of
private defence against Z, which he would have if Z were not acting under that misconception.

37. (1) There is no right of private defence,––

(a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or
attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not
be strictly justifiable by law;

(b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or
attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though
that direction may not be strictly justifiable by law;

(c) in cases in which there is time to have recourse to the protection of the public authorities.

Right of private defence against act of a person with mental illness, etc.

Acts against which there is no right of private defence.

(2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict
for the purpose of defence.

Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be
done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such
public servant.

Explanation 2.—A person is not deprived of the right of private defence against an act done, or attempted to be
done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the
act is acting by such direction, or unless such person states the authority under which he acts, or if he has
authority in writing, unless he produces such authority, if demanded.

38. The right of private defence of the body extends, under the restrictions specified in section 37, to the
voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of
the right be of any of the descriptions hereinafter enumerated, namely:—

(a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of
such assault;

(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the
consequence of such assault;

(c) an assault with the intention of committing rape;

When the right of private defence of body extends to causing death.