This section means guardians can consent to absolutely anything being done to a child or mentally unsound person, including risking death.

The section comes with important provisos (not included in this excerpt) that exclude acts intended to cause death or known to be likely to cause death, except when done to prevent death or grievous hurt, or to treat a grievous disease — so the protection is not unlimited.

Good faith just means the person honestly believed they were helping.

Under Section 52 of the IPC, 'good faith' requires acting with due care and attention, not just honest intention — carelessness can defeat this defense.

Indian Penal Code, 1860

Section 89

repealed

Act done in good faith for benefit of child or insane person, by or by consent of guardian

Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of 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:§

Why this exists

The provision recognizes that children and persons of unsound mind often cannot give valid consent for medical treatment or other necessary interventions, so the law allows a guardian to consent on their behalf. It reflects the common-sense principle that actions taken in good faith for someone's benefit — like a parent consenting to a child's surgery — should not be criminalized merely because they carry risk or cause incidental harm. This section works alongside Section 88 (consent by the person themselves) to create a complete framework for medical and protective interventions where the patient cannot personally consent.

How courts read it

Indian courts have generally read this section together with its provisos (not shown in this excerpt) to mean that the protection does not extend to acts intended to cause death, or done with knowledge that death is likely, except in cases meant to prevent death or grievous hurt, or to cure a grievous disease. Courts have applied it mainly in medical negligence and consent cases involving minors or mentally unsound patients, emphasizing that 'good faith' requires genuine care and attention, not mere honest belief without due care, as clarified under Section 52 of the IPC.

Common misconceptions

Myth: This section means guardians can consent to absolutely anything being done to a child or mentally unsound person, including risking death.
Fact: The section comes with important provisos (not included in this excerpt) that exclude acts intended to cause death or known to be likely to cause death, except when done to prevent death or grievous hurt, or to treat a grievous disease — so the protection is not unlimited.
Myth: Good faith just means the person honestly believed they were helping.
Fact: Under Section 52 of the IPC, 'good faith' requires acting with due care and attention, not just honest intention — carelessness can defeat this defense.