A, a parent, whips his child aged 10 years moderately, for the child’s benefit. Has A committed any offense?

Question: A, a parent, whips his child aged 10 years moderately, for the child’s benefit. Has A committed any offense?

Find the answer to the mains question only on Legal Bites. [A, a parent, whips his child aged 10 years moderately, for the child’s benefit. Has A committed any offense?]

Answer

Section 88 safeguards “Acts not intended to cause death, done by consent in good faith for person’s benefit” and Section 89 protects “Act done in good faith for benefit of a child or insane person, by or by consent of the guardian.”

In view of the section, if the perpetrator wants to take advantage of the exemption from criminal liability, he must show that the act is committed for the “benefit” of the person concerned, but merely without the purpose of harming and is done in good faith of the child. In the present case, the act of A to whip his child aged 10 years moderately is said to be done for the benefit of the child and to tackle the child’s behaviour and not in view of causing harm to the child. So, A is within the exception of section 88, inasmuch as he acted in good faith and the object was for the child’s benefit.

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