Section 27 provides legal protection to guardians or lawful caretakers when they act in good faith for the benefit of a child (under 12 years) or a person of unsound mind, even if the act causes harm — provided the act is not intended to cause death or grievous hurt.
Key Provisions:
Good Faith & Consent of Guardian:
If an act is done for the benefit of a child or person of unsound mind, and
Is done in good faith, and
Is done by the guardian or with their express or implied consent,
Then it is not an offense, even if it causes harm.
Restrictions – What This Exception Does Not Cover:
(a) Intentionally causing or attempting death is not protected.
(b) Causing likely death, unless it’s to prevent death, grievous hurt, or cure a serious illness.
(c) Voluntarily causing grievous hurt, unless for curing or saving life.
(d) Abetting any crime that wouldn’t otherwise be excused.
Illustration:
A parent consents to a risky but necessary surgery for their child (e.g., kidney stone removal).
Even though the parent knows there’s risk of death, their intention is to cure the child, not to harm them.
Therefore, the act is not an offense under this section.
How It Protects:
Shields parents/guardians from criminal liability when making difficult medical or safety decisions.
Balances guardian responsibility with child/person’s best interest.
Encourages necessary actions in critical health or safety situations.
