Page:Syariah Penal Code Order, 2013.pdf/24

BRUNEI DARUSSALAM GOVERNMENT GAZETTE :(a) the intentional causing of death or the attempting to cause death;
 * (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or hurt or the curing of any disease or infirmity;
 * (c) the voluntary causing of hurt or the attempting to cause hurt, unless it be for the purpose of preventing death or hurt, or the curing of any disease or infirmity;
 * (d) the abetment of any offence, to the committing of which offence it would not extend.

Illustration A, in good faith for his child's benefit without his child's consent has requested a surgeon to perform surgery on his child to remove stone, knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception inasmuch as his object was the cure of the child.

Consent known to be given under fear or misconception etc.

19. A consent is not such a consent as is intended by any provision of this Order—
 * (a) if the consent is given by a person under fear of injury or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception;
 * (b) if the consent is given by a person who, from unsoundness of mind or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
 * (c) if the consent is given by a person who is not baligh.

Acts which are offences independently of harm caused to person consenting, are not within the exceptions in sections 16, 17 and 18.

20. The exceptions in sections 16, 17, and 18 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration Causing miscarriage, unless caused in good faith for the purpose of saving the life of the woman, is an offence independently of any harm which it may cause, or be intended to 1684