Page:Syariah Penal Code Order, 2013.pdf/23

22nd. OCTOBER, 2013 intoxicated was administered to him against his will or without his knowledge or he is intoxicated as the result of taking medicine for the purpose of treatment.

(2) For the purposes of this section, "intoxication" shall be deemed to include a state caused by narcotics or drugs.

Act not intended, and not known to be likely, to cause death or hurt, done by consent.

16. Nothing which is not intended to cause death or hurt, and which is not known by the doer to be likely to cause death or hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person above 15 years qamariah, who has given consent whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration A and B agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing may be caused without foul-play; and if A, while playing fairly, hurts B, A commits no offence.

Act not intended to cause death, done by consent in good faith for person's benefit.

17. Nothing which is not intended to cause death, is an offence by reason of any harm, which 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 a consent, whether express or implied to suffer that harm, or to take the risk of that harm. Illustration A, a surgeon, knowing that a particular operation is likely to cause the death of B, who suffers under a painful complaint, but not intending to cause B ' s death and intending, in good faith, B ' s benefit, performs that operation on B with B ' s consent. A has committed no offence.

Act done in good faith for benefit of person who is not baligh or of unsound mind, by or with consent of, guardian etc.

18. Nothing which is done in good faith for the benefit of a person who is not baligh, or of unsound mind, by or with consent of, either express or implied, the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:

Provided that this exception shall not extend to— 1683