Section 49 - Act likely to cause injury, but done without criminal intent and to pre-vent other injury or to benefit person injured.

(1) Nothing is an offence by reason of any injury which it may cause or be intended by the doer to cause or be known by the doer to be likely to cause, if it be done without any criminal intention to cause injury and in good faith for the purpose of preventing or avoiding other injury to person or property or of benefiting the person to whom injury is or may be caused:

Provided-

(a) that, having regard to all the circumstances of the case, the doing of the thing was reasonable; and

(b) that, where the circumstances so require, the thing is done with reasonable care and skill.

(2) This section shall not apply to the intentional ,causing of death or to the attempting to cause death in order to prevent or avoid injury to property only except as is provided for in section 66 of this Penal Code,

(3) The death of a person shall under no circumstances be deemed to be for the benefit of that person,

(4) Mere pecuniary benefit is not benefit within the meaning of this section.

(b) A in a great fire pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it is found that in the circumstances A's act was reasonable A is not guilty of an offence.

(c) (i) A a surgeon knowing that a particular operation is likely to cause the death of Z, who suffers from a painful complaint, but not intending to cause Z's death and intending in good faith Z's benefit performs that operation.

Z dies in consequence of the operation. If the operation is one which in all the circumstances it was reasonable for A to perform and it is performed with reasonable care and skill, A has committed no offence.

(ii) If through drunkenness the operation is performed unskillfully. A is not protected by this section.

(iii) Whether Z (or some competent person on his behalf) has consented to the operation or not, is a material circumstance in judging whether it was reasonable to peiform the operation.

(d) Z is seized by a crocodile. A fires at the crocodile not intending to kill Z and in good faith intending Z's benefit. In fact A kills Z. A has committed no offence.