Section 41 - Use of force for misconduct

(1) A blow or other force may be justified for the purpose of correction, where

(a) a father or mother may correct his or her child, who is under sixteen years of age, or a guardian, or a person acting as a guardian, the ward, who is under sixteen years of age, for misconduct or disobedience to a lawful command;

(b) a master may correct the servant or apprentice, who is under sixteen years of age, for misconduct or default in the discharge of a duty as a servant or apprentice;

(c) repealed;

(d) a father or mother or guardian, or a person acting as a guardian of a child may delegate to any other person whom any of them entrusts, permanently or temporarily, with the governance or custody of the child or ward the authority of any of them for correction, including the power to determine in what cases correction ought to be inflicted; and the delegation shall be presumed, except where it is expressly withheld, in the case of a schoolmaster, or a person acting as a schoolmaster, in respect of a child or ward;

(e) a person who is authorised to inflict correction as in this section mentioned may, in a particular case delegate to a fit person the infliction of the correction.

(2) A correction cannot be justified which is unreasonable in kind or in degree considering the age and physical and mental condition of the person on whom it is inflicted.

(3) A correction cannot be justified in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.