Define good faith and consent. How far good faith and consent are said to be done or believed in good faith which is done or believed without “due care and attention.”

Question: Define good faith and consent. How far good faith and consent are said to be done or believed in good faith which is done or believed without “due care and attention.” [UPCJ 1999]

Find the answer to the mains question only on Legal Bites. [Define good faith and consent. How far good faith and consent are said to be done or believed in good faith which is done or believed without “due care and attention.” [UPCJ 1999]

Answer

As per Section 52 of IPC, nothing is said to be done or delivered in ‘good faith’ which is done or delivered without due care and attention. Essentials of Good Faith under section 52, IPC are:

1. Good Intention; and
2. Due care and attention.

Also, the belief for doing the act should be a reasonable and not an absurd one. The question with respect to good faith depends upon the facts and circumstances of the case. It also depends on the ability, intelligence and profession of a person.

Further, consent, as defined under section 90 of IPC, provides that consent is not such consent if it is given:

1. Under fear of injury or u8nder a misconception of fact
2. If the person doing the act knows or has reason to believe that the so-called consent was given in consequence of such fear or misconception
3. Under soundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent or
4. Unless the contrary appears from the context, if the consent is given by a person who is under 12 years of age, it will be no consent at all

Sections 88, 89 and 92 deal with situations where acts intended to injure the victim are committed in good faith for the benefit of the individual. Section 88 provides that if an act is not intended to cause death, it is not an offence by reason of any harm 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 his consent thereto, express or implied to suffer that harm or to take the risk of that harm.

Section 92 provides that a person cannot be held liable for an offence if he does act for the benefit of the other with good faith but when it is not possible to obtain the consent of him or his guardians.

For example, A, a surgeon, sees a child suffer an accident that is likely to prove fatal unless an operation is 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.

However, the four provisions top section 92 provides as an exception where the protection of the provision does not extend to cases where:

1. Intentional causing death or attempt to cause death
2. Anything which he knows to be likely to cause death for any purpose other than the:
   1. Preventing death or grievous hurt;
   2. The curing of any grievous disease or infirmity;
3. Voluntary causing of hurt or attempt to cause hurt for any purpose other than the preventing of death or hurt
4. Abetment of 1, 2, or 3.

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