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Question
Z is carried off by a tiger. X fires at the tiger, knowing that the shot might kill Z, but with no intention to kill Z, and in good faith trying to save Z. X’s shot, however, gives Z a mortal wound. Choose the correct option
Options
X has committed an offense of a grievous nature.
X has no moral duty to save Z therefore he can be held liable.
X has not committed any offense, as the act was in good faith and for the benefit of Z.
None of the above
Solution
X has not committed any offense, as the act was in good faith and for the benefit of Z.
Explanation:
An act is done in good faith for benefit of a person without consent.-Nothing is an offense by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provisos-Provided-
(First) - That this exception shall not extend to the intentional causing of death, or the attempting to cause death;
(Secondly) -That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
(Thirdly) -- That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
(Fourthly) -That this exception shall not extend to the abetment of any offense, to the committing of which offense it would not extend.
