No 2 Penal Code - IDP SriLanka

http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5Communicationmade in goodfaith.Act to which aPerson iscompelled bythreats.Act causing slightharm.(d) A is in a house which is on fire, with Z, a child. People belowhold out a blanket. A drops the child from the housetop, knowing itto be likely that the fall may kill the child, but not intending to killthe child, and intending, in good faith, the child's benefit. Here,even if the child is killed by the fall, A has committed no offence.ExplanationMere pecuniary benefit is not benefit within the meaning ofsections 81, 82 and 85.86. No communication made in good faith is an offence by reason of any harm to theperson to whom it is made, if it is made for the benefit of that person.IllustrationA, a surgeon, in good faith communicates to a patient his opinionthat he cannot live. The patient dies in consequence of the shock.A has committed no offence, though he knew it to be likely thatthe communication might cause the patient's death.87. Except murder and offences against the State punishable with death, nothing is anoffence which is done by a person who is compelled to do it by threats, which at the time ofdoing it, reasonably cause the apprehension that instant death to that person will otherwisebe the consequence; provided the person doing the act did not of his own accord, or from areasonable apprehension of harm to himself short of instant death, place himself in thesituation by which he became subject to such constraint.Explanation 1A person who, of his own accord, or by reason of a threat of beingbeaten, joins a gang of housebreakers, knowing their character, isnot entitled to the benefit of this exception, on the ground of hishaving been compelled by his associates to do anything that is anoffence by law.Explanation 2A person seized by a gang of housebreakers, and forced by threatof instant death to do a thing which is an offence by law,- forexample, a smith compelled to take his tools and to force the doorof a house for the housebreakers to enter and plunder it,- isentitled to the benefit of this exception.88. Nothing is an offence by reason that it causes, or that it is intended to cause, or that itis known to be likely to cause, any harm, if that harm is so slight that no person of ordinarysense and temper would complain of such harm;OF THE RIGHT OF PRIVATE DEFENCENothing done inprivate defence isan offence.Right of privatedefence of thebody and ofproperty.89. Nothing is an offence which is done in the exercise of the right of private defence.90. Every person has a right, subject to the restrictions contained in section 92, to defend-http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (18 of 124)9/30/2008 2:10:37 PM