Section 30 provides protection from criminal liability to a person who, in good faith, causes harm for the benefit of another, even without that person’s consent, when consent cannot be obtained due to emergency or incapacity.
Key Principles:
No Offence Without Consent
If a person cannot give consent due to unconsciousness or mental incapacity and no guardian is available, the act is not an offence if done in good faith for the person’s benefit.
Conditions of Exception: This exception does not apply to:
Intentional killing or attempt to kill.
Doing anything likely to cause death, except to prevent death or grievous harm.
Voluntary causing of hurt, unless it’s to prevent serious harm.
Abetment of a criminal offence.
Illustrations:
Z falls unconscious and needs surgery. A, a surgeon, operates before Z recovers. No offence.
A shoots a tiger attacking Z, knowing the bullet may hit Z, but intends to save Z. No offence.
A performs emergency surgery on a child when no guardian is available. No offence.
A drops a child from a burning house to save them, knowing the fall may kill. No offence if done in good faith.
Explanation:
“Benefit” does not include financial gain. Only physical or medical well-being counts.
How It Protects:
Enables doctors, rescuers, and others to act quickly in emergencies.
Encourages good faith actions to save lives or prevent harm.
Prevents criminal liability when immediate help is needed and consent isn’t possible.
