A decision taken in good faith is not a crime. Defenses are available to the doctors under IPC sections 88, 92, 93.

• “Section 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.”

The illustration along with this section is: A surgeon, knowing that a particular operation will likely cause the death of a patient, who suffers from a painful complaint, but not intending to cause death and intending in good faith, the patient’s benefit, performs that operation on the patient, with his consent. The surgeon has committed no offence.

• “Section 92. Act done in good faith for benefit of a person without consent. Nothing is an offence 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.”

The illustration along with this section is: Z falls from his horse, and is insensible. A, a surgeon, notes that Z needs to be trepanned. Not intending Z’s death, but in good faith, for Z’s benefit, A performs the trepan before Z recovers his power of judgement for himself. A has committed no offence.

• “Section 93. Communication made in good faith. No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.” 

The illustration along with this section is: A, a surgeon, in good faith, communicates his opin¬ion to a patient that he cannot live. The patient dies due to the shock. A has committed no offence, though he knew that the communication might lead to the patient’s death.