Question
A village Vaidya used to successfully operate wounds
with shaving blade. Victim who was suffering from piles was operated with shaving blade by the Vaidya. Due to profound bleeding the victim died and the Vaidya was prosecuted for causing death of the victim. If you are a defence lawyer, under which section of IPC you can defend the Vaidya?Solution
Section 88 of IPC says - Act not intended to cause death, done by consent in good faith for person's benefit—Nothing, which is not intented 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.
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