Question

    A, a surgeon, knowing that a particular operation is

    likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation on Z, with Z's consent.
    A A has committed no offence. Correct Answer Incorrect Answer
    B A has committed an offence Correct Answer Incorrect Answer
    C A has committed no offence as per S. 88 of IPC Correct Answer Incorrect Answer
    D A has committed no offence as per S. 86 of IPC Correct Answer Incorrect Answer
    E A has committed no offence as per S. 48 of IPC Correct Answer Incorrect Answer

    Solution

    S. 88. Act not intended to cause death, done by consent in good faith for person's benefit.— Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. Illustration A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation on Z, with Z's consent. A has committed no offence.

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