Criminal Offences Act, 1960 (Act 29)

Section 42 - Use of force in case of consent

The use of force against a person may be justified on the ground of consent, but

(a) the killing of a person cannot be justified on the ground of consent;

(b) a wound or grievous harm cannot be justified on the grounds of consent, unless the consent is given, and the wound or harm is caused, in good faith, for the purposes or in the course of medical or surgical treatment;

(c) consent to the use of force for the purpose of medical or surgical treatment does not extend to an improper or a negligent treatment;

(d) consent to the use of force against a person for purposes of medical or surgical treatment, or otherwise for the benefit of that person may be given against the will of that person by the father or mother or guardian or a person acting as the guardian, if that person is under eighteen years of age, or by a person lawfully having the custody of that person if that person is insane or is a prisoner in a prison or reformatory, and, when so given, cannot be revoked by that person;

(e) where a person is intoxicated or insensible, or is from a cause unable to give or withhold consent, force is justifiable which is used, in good faith and without negligence, for the purposes of medical or surgical treatment or otherwise for the benefit of that person, unless a person authorised by that person or by law to give or refuse consent dissents from the use of that force;

(f) a party to a fight, whether lawful or unlawful, cannot justify, on the grounds of the consent of another party, force which that party uses with intent to cause harm to the other party;

(g) a person may revoke a consent which that party has given to the use of force against that person, and the consent when so revoked shall not have effect or justify force.

Reproduced for reference only - this is not legal advice. Legislation can be amended or repealed; verify the current authoritative text with official sources before relying on it. Report a content issue.